Vote Bundle Text (900525-02)

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

back to previous text

Mr Paul Burstow
Dr Peter Brand

Clause 22, page 14, line 2, at end insert—

'(1B) In preparing statements of standards the appropriate Minister shall include specific guidance on behaviour management in the relevant care setting.'.

Mr Paul Burstow
Dr Peter Brand

Clause 39, page 19, line 27, at end add ', and including complementary therapies and nurse-led services.'.

Mr Paul Burstow
Dr Peter Brand

Clause 45, page 22, line 32, leave out 'and (2)' and insert ', (2) and (3)'.

Mr Paul Burstow
Dr Peter Brand

Clause 50, page 23, line 25, at end insert '; and

Mr Paul Burstow
Dr Peter Brand

Clause 50, page 23, line 30, at end insert—

'(3A) The appropriate Minister and the Assembly shall issue guidance to each Council setting out training targets and arrangements for the payment of monies to assist with the costs of training care workers by all providers.'.

Mr Paul Burstow
Dr Peter Brand

Clause 51, page 24, line 22, at end insert—

'(f) health care assistants registered with the United Kingdom Central Council for Nursing, Midwifery and Health Visitors.'.

Mr Paul Burstow
Dr Peter Brand

Clause 52, page 24, line 35, at end insert—

'(2A) Before the Council is established the appropriate Minister shall publish a report setting out when each description of social care worker will be opened for registration.'.

Mr Paul Burstow
Dr Peter Brand

Clause 71, page 45, line 19, at end insert—

'(1A) Where a referral involves a care worker who is also on the nursing register the provider shall also refer the care worker to the nursing registration authority.'.

Mr John Hutton

Clause 100, page 62, line 11, at end insert—

' "community home" has the same meaning as in the 1989 Act;'.

Mr John Hutton

Clause 100, page 62, line 15, at end insert—

' "to foster a child privately" has the same meaning as in the 1989 Act;'.

Mr John Hutton

Clause 100, page 62, line 27, at end insert—

' "local authority foster parent" has the same meaning as in the 1989 Act;'.

Mr John Hutton

Clause 100, page 63, line 24, at end insert—

'(3A) For the purposes of this Act, the person who carries on a fostering agency falling within section 4(4)(b), or a voluntary adoption agency, is the voluntary organisation itself.

(3B) References in this Act to a person who carries on an establishment or agency include references to a person who carries it on otherwise than for profit.

(3C) For the purposes of this Act, a community home which is provided by a voluntary organisation shall be taken to be carried on by—

(a) the person who equips and maintains it; and

(b) if the appropriate Minister determines that the body of managers for the home, or a specified member of that body, is also to be treated as carrying on the home, that body or member.

(3D) Where a community home is provided by a voluntary organisation, the appropriate Minister may determine that for the purposes of this Act the home is to be taken to be managed solely by—

(a) any specified member of the body of managers for the home; or

(b) any other specified person on whom functions are conferred under the home's instrument of management.

(3E) A determination under subsection (3C) or (3D) may be made either generally or in relation to a particular home or class of homes.'.

NEW CLAUSES

Independent advocacy services

Mr Paul Burstow
Dr Peter Brand

NC1

To move the following Clause:—

'. Local authorities shall secure that independent advocacy services are available for all children in their area who are placed under the provisions of Part II of this Act.'.

Complaints in respect of independent hospitals

Mr Paul Burstow
Dr Peter Brand

NC2

To move the following Clause:—

'.—(1) The Commission shall institute procedures by which dissatisfaction with the dealing of complaints by independent hospitals may be expressed.

(2) In the event that the Commission is satisfied that a complaint is upheld it shall be entitled to take account of such complaint in exercising any of its duties under this Act.

(3) In the event that the Commission is satisfied that a complaint has not been properly dealt with by an agency or establishment it shall refer the matter to the Health Ombudsman.'.

Appointment and staff of commissioner

Mr Paul Burstow
Dr Peter Brand

NC3

To move the following Clause:—

'.—(1) There shall be a Children's Rights Commissioner, who shall be appointed by Her Majesty on the recommendation of the Secretary of State.

(2) Before making such a recommendation the Secretary of State shall consult such persons as appear to him to be appropriate.

(3) The Commissioner—

(a) shall be appointed for a period of five years;

(b) shall hold office during that period unless—

(i) relieved at his own request; or

(ii) removed by Her Majesty in consequence of addresses from both Houses of Parliament;

(4) The Commissioner may appoint such staff as he thinks fit to assist with the discharge of his functions; and any function of the Commissioner may be performed by any member of his staff authorised for that purpose by the Commissioner.

(5) The Commissioner and the Commissioner's staff shall not be regarded as agents or servants of the Crown.'.

Duties and guiding principles

Mr Paul Burstow
Dr Peter Brand

NC4

To move the following Clause:—

'.—(1) The Commissioner shall be under a duty—

(a) to promote the rights and interests of children;

(b) to seek to ensure that the rights and interests of children are properly taken into account by Ministers of the Crown, government departments, local authorities, other public bodies and voluntary and private organisations when decisions on policies affecting children are taken;

(c) to promote compliance with the United Nations Convention on the Rights of the Child as ratified by Her Majesty's Government and subject to such reservations as Her Majesty's Government made on ratification, unless subsequently withdrawn; and

(d) to seek to ensure that children have effective means of redress if their rights are disregarded by any body referred to in paragraph (b).

(2) In exercising these functions the Commissioner shall have regard to—

(a) the principles laid down in the United Nations Convention on the Rights of the Child, and in such other international treaties, conventions or agreements which have been ratified or otherwise acceded to by Her Majesty's Government and which affect children;

(b) the need to maintain direct contact with children and children's organisations, to pay particular regard to the views of children and to promote respect for the views of children throughout society;

(c) the need to ensure co-ordination between different bodies (including government departments) which provide services for children; and

(d) the need to consult from time to time other persons seeking to promote the rights and interests of children.'.

Annual reports

Mr Paul Burstow
Dr Peter Brand

NC5

To move the following Clause:—

'.—(1) As soon as practicable after the end of each calendar year the Commissioner shall submit an annual report on his activities during the year to the Secretary of State.

(2) The annual report shall include a general description of the circumstances of children in England and a survey of developments which have affected them during the period of the report.

(3) The Secretary of State shall lay a copy of each annual report before both Houses of Parliament and shall cause the report to be published.'.

Recommendations and compliance notices

Mr Paul Burstow
Dr Peter Brand

NC6

To move the following Clause:—

'.—(1) The Commissioner may make other reports at his discretion, and may publish them as he thinks fit; and such reports may contain such recommendations for action by others (including Ministers of the Crown) as in the opinion of the Commissioner are necessary or expedient.

(2) In making recommendations under subsection (1) the Commissioner shall give reasons in the report and shall send a copy of the report to any person at whom a recommendation is directed.

(3) If it appears to the Commissioner that a person is not complying with the provisions of the United Nations Convention on the Rights of the Child as ratified by Her Majesty's Government he may make recommendations in the form of a compliance notice, which shall state his opinion as to the way in which provisions in the Convention are not being complied with and what action should be taken to comply.'.