Session 2013 - 14
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Other Bills before Parliament


 
 

Report Stage Proceedings: 10 March 2014                  

552

 

Care Bill, continued

 
 

    

before entering into a deferred payment arrangement,

 

(c)    

the average length of time a deferred payment arrangement is held,

 

(d)    

the numbers of individuals holding such arrangements broken down by

 

different periods of time held, amd

 

(e)    

the amount of money deferred under such arrangement.’.

 


 

National framework for local authority fees for care providers

 

Paul Burstow

 

Andrew George

 

Mr Michael Thornton

 

Not called  NC15

 

To move the following Clause:—

 

‘(1)    

The Secretary of State shall establish an indicative national formula with which

 

local authorities shall determine the costs of care provision in their area.

 

(2)    

In having regard to the matters mentioned in section 5(2)(b), a local authority

 

must derive fee levels for independent providers of care and support services

 

from the formula mentioned in subsection (1).

 

(3)    

The Secretary of State shall make arrangements for the audit of local authority fee

 

levels to determine their compliance with the duty mentioned in subsection (2)

 

and the extent to which this contributes to the effective delivery of the

 

requirements of section 5(2), with particular reference to paragraphs (b), (d), (e)

 

and (f).

 

(4)    

The formula in subsection (1) shall be made by regulations laid in pursuance of

 

section 123(4) of this Act.’.

 


 

Duty to review economic, financial and other factors affecting provision of care services

 

Liz Kendall

 

Mr Jamie Reed

 

Mrs Emma Lewell-Buck

 

Meg Munn

 

Grahame M. Morris

 

Barbara Keeley

 

Not called  NC17

 

To move the following Clause:—

 

‘(1)    

The Secretary of State shall make arrangements for—

 

(a)    

a review of the economic and financial factors affecting the employment

 

(including recruitment, training and development, effective deployment

 

and retention) of care sector workers and the extent to which current

 

policies, mechanisms and relevant compliance by regulated providers of

 

care services make it more or less likely that the objectives of this Act

 

will be realised; and

 

(b)    

a public consultation on the conclusions and recommendations of the

 

review.


 
 

Report Stage Proceedings: 10 March 2014                  

553

 

Care Bill, continued

 
 

(2)    

The Secretary of State shall lay a report of the review and public consultation

 

before each House of Parliament by 1 September 2014.’.

 


 

Impact of working conditions on quality of care

 

Liz Kendall

 

Mr Jamie Reed

 

Barbara Keeley

 

Mrs Emma Lewell-Buck

 

Meg Munn

 

Grahame M. Morris

 

Not called  NC18

 

To move the following Clause:—

 

‘(1)    

In exercising their functions under Part 1 local authorities must assess and

 

consider how working conditions for people employed in care and support

 

services impact on the fulfilment of local authority duties under Part 1 of this Act.

 

(2)    

“Care and support services” means—

 

(a)    

services provided by a local authority; and

 

(b)    

services commissioned by a local authority.

 

(3)    

Regulations may specify particular matters local authorities must have regard to

 

in relation to subsection (1).’.

 


 

Promoting health of carers

 

Liz Kendall

 

Mr Jamie Reed

 

Barbara Keeley

 

Jim Shannon

 

Grahame M. Morris

 

Hazel Blears

 

Negatived on division  NC19

 

To move the following Clause:—

 

‘(1)    

In exercising their functions health bodies shall—

 

(a)    

promote and safeguard the health and well-being of carers;

 

(b)    

ensure that effective procedures exist to identify patients who are or are

 

about to become carers;

 

(c)    

ensure that appropriate systems exist to ensure that carers receive

 

appropriate information and advice; and

 

(d)    

ensure that systems are in place to ensure that the relevant general

 

medical services are rendered to their patients who are carers.’.

 



 
 

Report Stage Proceedings: 10 March 2014                  

554

 

Care Bill, continued

 
 

Local authorities: duties with respect to young carers

 

Liz Kendall

 

Mr Jamie Reed

 

Barbara Keeley

 

Jim Shannon

 

Grahame M. Morris

 

Not called  NC20

 

To move the following Clause:—

 

‘(1)    

A local authority must ensure that it takes all reasonable steps to ensure that in

 

relation to—

 

(a)    

any school within its area and under its control; and

 

(b)    

any functions it discharges in pursuance of its responsibilities as a

 

children’s services authority, there is in place a policy that both identifies

 

young carers and makes arrangement for the provision of support for

 

pupils who are young carers.

 

(2)    

In discharging its duty under subsection (1), a local authority must have regard to

 

any guidance given from time to time by the Secretary of State.’.

 


 

Further and higher education: duties with respect of student carers

 

Liz Kendall

 

Mr Jamie Reed

 

Barbara Keeley

 

Jim Shannon

 

Grahame M. Morris

 

Not called  NC21

 

To move the following Clause:—

 

‘(1)    

The responsible body of an institution to which this section applies must identify

 

or make arrangements to identify student carers and have a policy in place on

 

providing support for student carers.

 

(2)    

This section applies to—

 

(a)    

a university;

 

(b)    

any other institution within the higher education sector; and

 

(c)    

an institution within the further education sector.

 

(3)    

A responsible body is—

 

(a)    

in the case of an institution in subsection (2)(a) or (b), the governing

 

body;

 

(b)    

in the case of a college of further education under the management of a

 

board of management, the board of management; and

 

(c)    

in the case of any other college of further education, any board of

 

governors of the college or any person responsible for the management

 

of the college, whether or not formally constituted as a governing body

 

or board of governors.’.

 



 
 

Report Stage Proceedings: 10 March 2014                  

555

 

Care Bill, continued

 
 

Duty for Financial Services Consumer Panel

 

Liz Kendall

 

Mr Jamie Reed

 

Grahame M. Morris

 

Not called  NC22

 

To move the following Clause:—

 

‘(1)    

The Financial Services Consumer Panel at the Financial Conduct Authority shall

 

have a duty to review the availability, quality, adequacy and effectiveness of

 

financial advice being provided to care users and their families on the

 

implications of the relevant provisions of this Act, and make an annual report

 

thereon to the Secretary of State containing recommendations for steps to take to

 

remedy any deficiencies identified by the Panel.

 

(2)    

The Secretary of State shall lay a copy of the report mentioned in subsection (1)

 

before each House of Parliament. The first such report must be so laid within 12

 

months of this Act receiving Royal Assent.’.

 


 

Financial advice for care users: qualification to provide

 

Liz Kendall

 

Mr Jamie Reed

 

Grahame M. Morris

 

Not called  NC23

 

To move the following Clause:—

 

‘(1)    

The Financial Conduct Authority shall prepare and conduct a review of the

 

implications of the relevant provisions of this Act for—

 

(a)    

training and development; and

 

(b)    

the level of the required qualifications

 

    

for advisers seeking licences to provide financial advice to care users and their

 

families.

 

(2)    

The Authority shall submit a report of the findings of the review mentioned in

 

subsection (1) to the Secretary of State, along with recommendations.

 

(3)    

The Secretary of State shall lay a copy of the report mentioned in subsection (2)

 

before each House of Parliament. The first such report must be so laid within 12

 

months of this Act receiving Royal Assent.’.

 


 

Public awareness

 

Liz Kendall

 

Mr Jamie Reed

 

Grahame M. Morris

 

Not called  NC24

 

To move the following Clause:—


 
 

Report Stage Proceedings: 10 March 2014                  

556

 

Care Bill, continued

 
 

‘(1)    

Local authorities shall have a duty to prepare, publish, consult on and implement

 

a plan for raising and maintaining awareness amongst the residents of their areas

 

of the arrangements for social care, and in particular of any changes to such

 

arrangements brought about by Part 1 of this Act.

 

(2)    

The Secretary of State shall prepare and lay before each House of Parliament an

 

annual report on the level of public awareness and understanding of the

 

arrangements for social care, in particular—

 

(a)    

awareness and understanding of the changes brought about by the

 

provisions of this Act; and

 

(b)    

the effectiveness of local authorities’ implementation of their plans for

 

raising public awareness in their areas.’.

 


 

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

 

Andrew George

 

Not called  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.’.

 


 

Register of persons who provide regulated social care

 

John McDonnell

 

Jeremy Corbyn

 

Kelvin Hopkins

 

Not called  NC31

 

To move the following Clause:—

 

‘(1)    

Health Education England must make arrangements for the compilation,

 

publication and maintenance of a register of persons as set out in section

 

[Provision of certain care and support services to be public functions] who

 

provide regulated social care for an individual under arrangements paid for by a

 

public authority that have undertaken education and training in accordance with

 

the duty set out in section 95.


 
 

Report Stage Proceedings: 10 March 2014                  

557

 

Care Bill, continued

 
 

(2)    

This duty may be delegated by HEE to Local Education and Training Boards

 

established under section 101.’.

 


 

Funding and remuneration of home care workers

 

Andrew George

 

Not called  NC32

 

To move the following Clause:—

 

‘(1)    

The Secretary of State shall establish an independent review of the funding and

 

remuneration of home care workers with a view to a report making

 

recommendations regarding—

 

(a)    

hourly salary,

 

(b)    

remuneration of travel time,

 

(c)    

remuneration of travel costs,

 

(d)    

minimum time required properly to fulfil each of the care tasks and duties

 

to be performed,

 

(e)    

establishment of an efficient means of recording arrival and departure

 

times at residential settings, and

 

(f)    

the charging basis of the agency employing the care worker with a view

 

to ensuring that all the costs of providing for (a) to (e) above are

 

adequately met.

 

(2)    

The Secretary of State shall lay a copy of the report of the review mentioned in

 

subsection (1) before each House of Parliament.’.

 


 

John McDonnell

 

Not called  26

 

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

 

‘(j)    

the right to living independently and being included in the

 

community.’.

 


 

John McDonnell

 

Jeremy Corbyn

 

Not called  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,


 
 

Report Stage Proceedings: 10 March 2014                  

558

 

Care Bill, continued

 
 

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

 

Not called  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.’.

 


 

Secretary Jeremy Hunt

 

Agreed to  1

 

Clause  17,  page  16,  line  40,  leave out ‘will not’ and insert ‘is not permitted to, or

 

may (but need not),’.

 

Secretary Jeremy Hunt

 

Agreed to  2

 

Clause  17,  page  17,  line  4,  leave out ‘will not’ and insert ‘is not permitted to, or

 

may (but need not),’.

 


 

Mrs Emma Lewell-Buck

 

Not called  31

 

Clause  24,  page  22,  line  39,  at end insert—

 

‘(3A)    

The Secretary of State shall, after suitable consultation, establish by regulation a

 

specified timeframe for the conclusion of the steps required of local authorities

 

by virtue of this section.’.

 


 

Secretary Jeremy Hunt

 

Agreed to  3

 

Clause  26,  page  25,  line  5,  at end insert—

 

‘(4)    

Regulations may make provision for excluding costs to a local authority from a

 

personal budget if the costs are incurred in meeting needs for which the

 

authority—

 

(a)    

does not make a charge, or

 

(b)    

is not permitted to make a charge.’.

 



 
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