Committee of the whole House: 23 March 2020              

14

Coronavirus Bill, continued

“Statutory self-employment pay

(1)    

The Secretary of State must, by regulations, introduce a scheme of Statutory Self-

Employment Pay.

(2)    

The scheme must make provision for payments to be made out of public funds to

individuals who are

(a)    

self-employed, or

(b)    

freelancers.

(3)    

The payments to be made in subsection (2) are to be set so that the net monthly

earnings of an individual specified in subsection (2) do not fall below—

(i)    

80 per cent of their monthly net earnings, averaged over the last three

years, or

(ii)    

£2,917

whichever is lower.

(4)    

No payment to be made under subsection (2) shall exceed £2,917 per month.

(5)    

A statutory instrument containing regulations under this section is subject to

annulment in pursuance of a resolution of either House of Parliament.

Member’s explanatory statement

The purpose of this amendment is to make the Government ‘top up’ self-employed workers’

earnings to the lower of 80% of their net monthly earnings averaged over three years, or £2,917

a month.

Munira Wilson

Sir Edward Davey

Mr Alistair Carmichael

Wendy Chamberlain

Daisy Cooper

Tim Farron

Wera Hobhouse

Christine Jardine

Layla Moran

Sarah Olney

Jamie Stone

Stephen Farry

NC14

To move the following Clause—

“Social care provisions

(1)    

Within 10 days of the date on which this Act is passed the Secretary of State must

lay before Parliament a comprehensive report outlining how the Government will

guarantee provisions for social care while this Act is in force.

(2)    

The reports must make reference to but are not limited to—

(a)    

an outline of the funding available to social care providers, and

(b)    

any other provisions in place or to be introduced to ensure that social care

standards are maintained to as high a level as possible.

(3)    

The Secretary of State must lay before Parliament an updated proposal in the

same terms every three months from the date on which this Act is passed.”

Member’s explanatory statement

This new clause requires the Secretary of State to publish a comprehensive proposal outlining how

the Government will guarantee provisions for social care while this Act is in force.

Committee of the whole House: 23 March 2020              

15

Coronavirus Bill, continued

Secretary Matt Hancock

15

Schedule  7,  page  92,  line  39,  after paragraph 10 insert—

“Constitution and proceedings of the Mental Health Review Tribunal for Wales

10A(1)  

Sub-paragraph (2) applies if the President of the Mental Health Review

Tribunal for Wales (“the Tribunal”), or another member of the Tribunal

appointed by the President for the purpose referred to in paragraph 4 of

Schedule 2 to the 1983 Act, considers that it is impractical or would involve

undesirable delay for the Tribunal to be constituted, for the purposes of any

proceedings or class or group of proceedings under the 1983 Act, by at least

three members as provided for in that paragraph.

      (2)  

The President, or that other member, may instead appoint to constitute the

Tribunal, for the purposes of those proceedings or that class or group of

proceedings—

(a)    

one of the legal members of the Tribunal, or

(b)    

one of the legal members of the Tribunal and one other member who

is not a legal member.

      (3)  

Where the Tribunal is constituted by one or two members under sub-paragraph

(2)(a) or (b), section 65(3) has effect as if the reference to any three or more of

its members were a reference to that one member or those two members (as the

case may be).

      (4)  

Paragraph 6 of Schedule 2 to the 1983 Act does not apply where the Tribunal

is constituted by one or two members under sub-paragraph (2)(a) or (b).

If the Tribunal is constituted by two members, the legal member is to be the

chairman.

      (5)  

Where the Tribunal is constituted by a single member under sub-paragraph

(2)(a), in rule 11(2) of the Mental Health Review Tribunal for Wales Rules

2008 (S.I. 2008/2705) (“the 2008 Rules”), the reference to the chairman is to

be read as a reference to that member.

      (6)  

Where the Tribunal is constituted under sub-paragraph (2) without a medical

member, rule 20(1) and (2) of the 2008 Rules does not apply.

10B(1)  

The Mental Health Review Tribunal for Wales Rules 2008 (“the 2008 Rules”)

have effect subject to this paragraph.

      (2)  

The Tribunal may determine an application or reference without a hearing if it

considers that—

(a)    

holding a hearing is impractical or would involve undesirable delay,

(b)    

having regard to the nature of the issues raised in the case, sufficient

evidence is available to enable it to come to a decision without a

hearing, and

(c)    

to dispense with a hearing would not be detrimental to the health of the

patient.

      (3)  

The Tribunal must, as soon as reasonably practicable, give notice to each party

of—

(a)    

its decision to dispense with a hearing under sub-paragraph (2), and

(b)    

the earliest time at which it might determine the application or

reference in accordance with that sub-paragraph (which must be such

as to afford the parties reasonable notice).

      (4)  

Where an application or reference is to be determined in accordance with sub-

paragraph (2)—

(a)    

in rules 4, 15 and 20 of the 2008 Rules, references to a hearing (or its

commencement) are to be read as references to the time notified under

sub-paragraph (3)(b);

Committee of the whole House: 23 March 2020              

16

Coronavirus Bill, continued

(b)    

in rule 24(1) and (2) of the 2008 Rules, references to the start of the

hearing are to be read as references to the determination of the

application or reference;

(c)    

in rule 28 of the 2008 Rules—

(i)    

paragraph (1) does not apply, and

(ii)    

in paragraph (3), references to the hearing are to be read as

references to the determination of the application or reference.

      (5)  

The Tribunal may at any time reverse a decision to dispense with a hearing

under sub-paragraph (2), and if it does so it must give notice to each party and

make such consequential directions as it considers appropriate.

      (6)  

Expressions used in this paragraph and in the 2008 Rules have the same

meaning as in those Rules.

10C(1)  

If the President of the Tribunal is temporarily unable to discharge the functions

of the office, the President of the Welsh Tribunals may from time to time

nominate another legal member of the Tribunal to act as the temporary deputy

of the President of the Tribunal for the purpose of discharging those functions

generally or certain of them specifically.

      (2)  

While such an nomination remains in force, any reference to the President of

the Tribunal in the 1983 Act or any other enactment or instrument is to be read

accordingly.”

Member’s explanatory statement

This amendment enables the jurisdiction of the Mental Health Review Tribunal for Wales to be

exercised by a single member or a two-member panel, rather than a panel of at least three

members; enables the Tribunal to deal with proceedings on paper rather than at a hearing in

suitable cases; and enables the nomination of a temporary deputy if the President of the Tribunal

is temporarily unable to act in the office.

Secretary Matt Hancock

16

Schedule  7,  page  93,  line  11,  after paragraph 13 insert—

“14      

Paragraph 10A(3) to (6) continues to apply after the end of a period for which

it has effect in relation to proceedings that are, when the period ends, before a

constitution of the Mental Health Review Tribunal for Wales appointed under

sub-paragraph (2) of that paragraph.

15         

Paragraph 10B continues to apply after the end of a period for which it has

effect in relation to any application or reference with respect to which, when

the period ends, a decision to dispense with a hearing has been notified by the

Mental Health Review Tribunal for Wales under sub-paragraph (3) of that

paragraph and remains current.

16         

Paragraph 10C continues to apply after the end of a period for which it has

effect in relation to any nomination of a temporary deputy that is in force when

the period ends.”

Member’s explanatory statement

This amendment makes transitional provision in connection with Amendment 15.

Committee of the whole House: 23 March 2020              

17

Coronavirus Bill, continued

Munira Wilson

Sir Edward Davey

Mr Alistair Carmichael

Wendy Chamberlain

Daisy Cooper

Tim Farron

Wera Hobhouse

Christine Jardine

Layla Moran

Sarah Olney

Jamie Stone

Stephen Farry

14

Schedule  11,  page  112,  line  33,  at end, insert—

“(d)    

the local authority has the necessary resources to meet those needs or can

make funding available in advance or arrears to meet those needs.”

Member’s explanatory statement

This amendment would make the duty on a local authority to meet an adult’s needs for care and

support conditional upon the local authority having available resources or the ability to access

additional resources to fulfil that duty.

Secretary Matt Hancock

9

Schedule  20,  page  216,  line  30,  at end insert—

  “(2A)  

A designation under sub-paragraph (2) may in particular be of a class or

description of person.”

Member’s explanatory statement

This amendment makes it clear that designations of public health officials for the purposes of the

Schedule can be generic.

Secretary Matt Hancock

10

Schedule  20,  page  220,  line  23,  leave out “of the rank of senior immigration officer

or above” and insert “not below the rank of chief immigration officer”

Member’s explanatory statement

This amendment corrects a reference to the rank of immigration officer who may approve an

extension to the period for which a person is kept at a place for screening and assessment.

Secretary Matt Hancock

11

Schedule  20,  page  229,  line  31,  leave out “of the rank of senior immigration officer

or above” and insert “not below the rank of chief immigration officer”

Member’s explanatory statement

This amendment corrects a reference to the rank of immigration officer who may approve an

extension to the period for which a person is kept at a place for screening and assessment.

Secretary Matt Hancock

12

Schedule  20,  page  238,  line  43,  leave out “of the rank of senior immigration officer

or above” and insert “not below the rank of chief immigration officer”

Member’s explanatory statement

This amendment corrects a reference to the rank of immigration officer who may approve an

extension to the period for which a person is kept at a place for screening and assessment.

Committee of the whole House: 23 March 2020              

18

Coronavirus Bill, continued

Secretary Matt Hancock

13

Schedule  20,  page  248,  line  12,  leave out “of the rank of senior immigration officer

or above” and insert “not below the rank of chief immigration officer”

Member’s explanatory statement

This amendment corrects a reference to the rank of immigration officer who may approve an

extension to the period for which a person is kept at a place for screening and assessment.

Secretary Matt Hancock

5

Schedule  25,  page  301,  line  36,  after “17(1)” insert “or 61(1)”

Member’s explanatory statement

This amendment corrects an inadvertent omission by inserting, after the equivalent cross reference

for persons in England, a cross reference to the right given to potentially infectious persons in

Wales to appeal to a magistrates’ court against requirements or restrictions imposed under

Schedule 20.

Secretary Matt Hancock

NS2

To move the following Schedule—

“Emergency arrangements concerning medical practitioners: Wales

Temporary exception to rule requiring listing in order to perform primary medical

services

17  (1)  

The National Health Service (Performers Lists) (Wales) Regulations 2004

(S.I.  2004/1020 (W. 117)) have effect with the following modifications.

      (2)  

The regulations have effect as if, after regulation 22, there were inserted—

“22A  

Temporary exception under the Coronavirus Act 2020

(1)    

A person who is registered in the GP Register by virtue of section 18A

of the Medical Act 1983 (temporary registration with regard to

emergencies) may perform primary medical services, despite not

being included in the medical performers list of a Local Health Board,

provided that—

(a)    

the person has made an application to a Local Health Board

for inclusion in the list under regulation 4 or 4A, and

(b)    

the person’s application has not been—

(i)    

refused under regulation 6 or 24, or

(ii)    

deferred under regulation 7.

(2)    

Regulation 9 applies to a person who performs primary medical

services by virtue of this regulation as it applies to a performer

included in a medical performers list.