Vote Bundle Text (990521-04)

Amendments proposed to the Health Bill [Lords] - continued	House of Commons

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Arrangements with Ministers

Mr John Denham

NC20

To move the following Clause:—

'.—(1) Arrangements may be made between the Commission and a Minister of the Crown—

(a) for the Commission to perform any of its functions in relation to any prescribed health scheme for which the Minister has responsibility, or

(b) for the Commission to provide services or facilities in so far as they are required by the Minister in connection with any such health scheme.

(2) Arrangements may be made between the Commission and a Northern Ireland Minister—

(a) for the Commission to perform on behalf of the Minister any functions of the Minister which—

(i) correspond to any functions of the Commission, and

(ii) relate to the Northern Irish health service, or

(b) for the Commission to provide services or facilities in so far as they are required by the Minister in connection with the exercise by him of any such functions.

(3) Arrangements under this section may be made on such terms and conditions as may be agreed between the parties to the arrangements.

(4) Those terms and conditions may include provision with respect to the making of payments to the Commission in respect of the cost to the Commission of performing or providing any functions, services or facilities under the arrangements.

(5) Any arrangements under subsection (2)(a) are not to affect the responsibility of the Northern Ireland Minister on whose behalf any functions are exercised.

(6) In this section—

"health scheme" means any scheme which appears to the Secretary of State to be a health or medical scheme paid for out of public funds,

"Minister of the Crown" has the same meaning as in the Ministers of the Crown Act 1975,

"Northern Ireland Minister" includes the First Minister, the deputy First Minister and a Northern Ireland department,

"Northern Irish health service" means any of the health services under any enactment which extends to Northern Ireland and which corresponds to section 1(1) of the 1977 Act,

"prescribed" means prescribed by regulations made by the Secretary of State.'.

Provision for Scotland

Miss Ann Widdecombe
Mr Alan Duncan
Mr Philip Hammond

NC1

To move the following Clause:—

'.—The Scottish Parliament shall, by 31st March 2001, bring forward proposals, of a broadly similar nature to those contained in Part I of this Act, to make provision for the reform of primary care services, and for connected purposes, in Scotland.'.

Power to grant providers of general medical services in Scotland leave to withdraw from Primary Care Trusts

Miss Ann Widdecombe
Mr Alan Duncan
Mr Philip Hammond

NC2

To move the following Clause:—

'.—(1) The Secretary of State may by Order—

(a) grant any individual provider of general medical services leave to withdraw from any primary care trust which may be established in Scotland under Part II of this Act;

(b) grant any individual provider of general medical services leave to withdraw from the direct budgetary control of a health board or sub-committee thereof.

(2) Any provider of general medical services given leave under subsection (1) above shall take on such powers, functions and budget as may be directed by the Secretary of State.'.

Recovery of costs from tobacco companies

Mr Michael Fabricant

NC5

To move the following Clause:—

'(1) Health Authorities, NHS trusts and Primary Care Trusts shall recover from companies or agents of companies which produce tobacco products (hereinafter called tobacco companies) the cost of treatment and care arising from smoking-related illness.

(2) Costs in subsection (1) shall be calculated according to a formula provided by the Commission for Health Improvement under section 18(1)(g) of this Act.

(3) The Secretary of State shall make regulations for the establishment and operation of an appropriate legal and financial instrument, to be known as the Tobacco Damage Compensation Fund, hereinafter referred to as the Fund, into which tobacco companies shall be jointly, strictly and severally liable to pay the sums established under subsection (2) and aggregated by the Commission for Health Improvement in section 18(1)(g), hereinafter known as the annual damages claim.

(4) Each year on 6th April the tobacco companies shall pay the calculated annual damages claim into the Fund in proportion to their sales-weighted market share over the preceding 20 years.

(5) Within 12 months of the date mentioned in subsection (4) above, each Health Authority, Primary Care Trust and NHS trust shall draw from the Fund an amount equal to its share of the calculated annual damages claim.

(6) Each Health Authority, Primary Care Trust and NHS trust shall use its share of the calculated annual damages claim only to fund smoking cessation and prevention services.'.

Duty to publish annual statement on pharmaceutical price regulation scheme

Mr Simon Hughes
Dr Evan Harris
Mr Paul Burstow
Sir Robert Smith

NC6

To move the following Clause:—

'The Secretary of State shall publish an annual statement on any voluntary or statutory scheme he has agreed with the industry body, which shall include—

(a) the criteria he will use for the purposes of exercising his powers under sections 30 (1) (a) and (b) and 32 (1) (a) and (b);

(b) the categories of information which, in response to a request from the industry, he is prepared to treat as commercially confidential and his reasons for so doing;

(c) details of the outcome of his consultation with the industry and bodies representing consumers and the public interest over the establishment of the scheme;

(d) the mechanisms he intends to put in place for independent audit of the negotiations over the scheme and for publishing the results of such an audit;

(e) an indication as to when he will next review the scheme.'.

Duty of Secretary of State to seek to recover costs of treating smoking-related illnesses

Mr Michael Fabricant
Dr Evan Harris
Mr Paul Burstow

NC7

To move the following Clause—

'—(1) It shall be the duty of the Secretary of State to take all reasonable steps, whether by instituting proceedings in tort or otherwise, to recover from any company, or agent of a company, which manufactures tobacco products the costs of treatment and care arising from smoking-related illnesses or disabilities incurred by Health Authorities, NHS trusts and Primary Care Trusts.

(2) In this section "tobacco products" has the meaning given in section 1 of the Tobacco Products Duty Act 1979.

(3) "Smoking-related illnesses or disabilities" includes illnesses or disabilities attributable to the consumption of tobacco products, whether or not their consumption involves the taking into the mouth or inhalation of smoke'.

Restriction on power of NHS Trusts to make appointments

Mr Simon Hughes
Dr Evan Harris
Mr Paul Burstow
Sir Robert Smith

NC8

To move the following Clause:—

'. —(1) NHS Trusts may not—

(a) advertise for, or seek to employ doctors in, clinical non-academic posts other than posts described as—

(i) consultant

(ii) staff grade

(iii) associate specialist

(iv) hospital practitioner

(v) clinical assistant

(vi) pre-registration house officer

(vii) senior house officer

(viii) specialist registrar;

(b) advertise for, or seek to employ junior doctors in, the following posts—

(i) pre-registration house officer

(ii) senior house officer

(iii) specialist registrar,

unless those posts have valid educational and dean's approval;

(c) appoint a medically qualified doctor to a position described as a specialist without a Certificate of Completion of Specialist Training, unless the appointment is an approved appointment to a post of associate specialist.

(2) In subsection (1)(b) "dean's approval" means the approval of the head of the appropriate Royal College.'.

Standing Conference on Treatment Priorities and Funding

Mr Simon Hughes
Dr Evan Harris
Mr Paul Burstow
Sir Robert Smith

NC9

To move the following Clause:—

'(1) The Secretary of State shall establish a Standing Conference on Treatment Priorities and Funding (referred to in this Act as the Standing Conference) which shall have the duty of—

(a) conducting an annual review of, and making reports and recommendations to the Secretary of State on, treatment priorities and funding in the NHS after consultation with the National Institute for Clinical Excellence; and

(b) establishing a clear set of values and guidelines for the decision-making process to be applied by Health Authorities, Special Health Authorities, Primary Care Trusts and NHS Trusts with the purpose of ensuring that patients are entitled to equal and consistent treatment, clear treatment options, and reasons where treatment is denied.

(2) The reports of the Standing Conference shall be published annually and shall take account of—

(a) the views of the public on the priority of treatments;

(b) the efficacy of treatments;

(d) the affordability of treatments.

(3) The members of the Standing Conference shall be appointed by the Secretary of State and shall consist of an equal number of professional and lay members involved in the delivery of health care.

(4) In exercising its functions under the National Health Service Act 1977, the National Health Service and Community Care Act 1990 or this Act, the Secretary of State shall have regard to the reports and recommendations of the Standing Conference.'.