S.C.E.
Amendment Paper as at
Thursday 8th February 2001
STANDING COMMITTEE E
HEALTH AND SOCIAL CARE BILL
NOTE
The Amendments have been arranged in accordance with the Order of the Committee [18th January]:
Dr Liam Fox
Mr Philip Hammond
Mr Desmond Swayne
323
Clause 59, page 51, line 10, at beginning insert—
'( ) The Secretary of State shall—
(a) consult such persons and bodies as reasonably appear to him to be interested in or concerned with the protection, distribution or dissemination of patient data in such manner as he shall reasonably consider appropriate; and
(b) publish a report on the consultations which he undertakes under (a) above and his conclusions as to any regulations under this section which are required as a result of them'.
Mr Paul Burstow
Dr Peter Brand
286
Clause 59, page 51, line 10, at beginning insert 'To the extent that it is necessary in the interests of patients,'.
Mr Paul Burstow
Dr Peter Brand
228
Clause 59, page 51, line 10, leave out 'may' and insert 'shall'.
Mr John Denham
334
Clause 59, page 51, line 12, at end insert 'for prescribed commercial purposes'.
Sir George Young
319
Clause 59, page 51, line 13, at end insert—
'( ) Regulations under subsection (1) may not make provision which interferes with, or otherwise causes detriment to, preventative medicine, medical diagnosis, medical research, the provision of care and treatment, the management of health and social care services, the monitoring and review of health and social care services or the obtaining or dissemination of information about the care and treatment available for individuals.'.
Mr Paul Burstow
Dr Peter Brand
229
Clause 59, page 51, line 14, leave out 'may' and insert 'shall'.
Mr Paul Burstow
Dr Peter Brand
327
Clause 59, page 51, line 14, after 'provision', insert 'in the public interest'.
Mr John Denham
335
Clause 59, page 51, line 15, leave out paragraph (a).
Mr Paul Burstow
Dr Peter Brand
230
Clause 59, page 51, line 16, leave out from 'processing' to end of line 19 and insert 'is carried out with the knowledge and consent of the data subject'.
Mr Paul Burstow
Dr Peter Brand
231
Clause 59, page 51, leave out lines 20 to 25.
Mr John Denham
336
Clause 59, page 51, line 22, leave out 'other'.
Dr Liam Fox
Mr Philip Hammond
Mr Desmond Swayne
326
Clause 59, page 51, line 39, leave out from 'expedient' to end of line 41 and insert 'for the purpose of maintaining Cancer Registries.'.
Mr Paul Burstow
Dr Peter Brand
331
Clause 59, page 51, leave out lines 40 to 43 and insert 'for the purpose of disease registries in accordance with subsection (3A).'.
Mr Paul Burstow
Dr Peter Brand
232
Clause 59, page 51, line 42, after'subsections', insert '(2) and'.
Mr Paul Burstow
Dr Peter Brand
333
Clause 59, page 51, line 43, at end insert—
'(3A) For the purposes of this section the Secretary of State may make regulations specifying the purposes of disease registries including—
(a) the collection of demographic information about each case of a disease specified in the regulations;
(b) the collection of administrative information, including date of diagnosis and source of information;
(c) the collection of information (however recorded) which relates to the physical or mental health or condition of an individual, to the diagnosis of his condition or to his care or treatment; and
(d) other information (however recorded) which is to any extent derived, directly or indirectly, from such information.
(3B) Where regulations under subsection (3A) make provision for the establishment of a disease registry, the Secretary of State shall in regulations make provision for—
(a) the protection of the confidentiality of all prescribed case data reported to the disease registry, including a prohibition on disclosure to any person of information reported to the disease registry that identifies, or could lead to the identification of, an individual patient, except for disclosure to other disease registries;
(b) a means by which confidential patient data may in accordance with Schedules 2 and 3 of the Data Protection Act 1998 be disclosed to prescribed persons for the purposes of disease prevention, control and research;
(c) a means to assure complete reporting of the prescribed disease cases to the disease registry by health service bodies with respect to the prescribed disease.'.
Dr Liam Fox
Mr Philip Hammond
Mr Desmond Swayne
325
Clause 59, page 51, line 44, leave out subsection (4).
Mr Paul Burstow
Dr Peter Brand
332
Clause 59, page 51, line 44, leave out from 'Regulations' to 'under' in line 36 on page 52.
Mr John Denham
337
Clause 59, page 51, line 47, leave out 'to the persons to whom the information relates' and insert—
'(i) to the person to whom the information relates,
(ii) (where it relates to more than one person) to the person to whom it principally relates, or
(iii) to a prescribed person on behalf of any such person as is mentioned in sub-paragraph (i) or (ii),'.
Mr Paul Burstow
Dr Peter Brand
233
Clause 59, page 52, leave out lines 1 to 6.
Mr Paul Burstow
Dr Peter Brand
234
Clause 59, page 52, leave out lines 7 to 11.
Mr Paul Burstow
Dr Peter Brand
235
Clause 59, page 52, line 18, leave out from 'regulations' to end of line 19.
Mr Paul Burstow
Dr Peter Brand
328
Clause 59, page 52, line 18, leave out 'the cost of and'.
Dr Liam Fox
Mr Philip Hammond
Mr Desmond Swayne
324
Clause 59, page 52, line 44, leave out from beginning to end of line 50 and insert—
'information regarding any identifiable patient and relating to his physical or mental health or to his diagnosis or treatment'.
Mr Paul Burstow
Dr Peter Brand
Sir George Young
285
Clause 59, page 52, line 46, leave out from 'treatment' to end of line 50.
Mr John Denham
338
Clause 59, page 53, line 3, after 'ascertainable' insert '(i)'.
Mr John Denham
339
Clause 59, page 53, line 4, after 'information' insert ', or
(ii) from that information and other information which is in the possession of, or is likely to come into the possession of, the person processing that information'.
Mr John Denham
340
Clause 59, page 53, line 5, leave out first 'the' and insert 'that'.
Mr John Denham
341
Clause 59, page 53, line 14, leave out 'includes the purposes of' and insert 'means the purposes of any of the following'.
Mr Paul Burstow
Dr Peter Brand
329
Clause 59, page 53, line 14, leave out 'includes' and insert 'means'.
Mr Paul Burstow
Dr Peter Brand
330
Clause 59, page 53, line 16, leave out from 'treatment' to second 'and' in line 17.
Mr Paul Burstow
Dr Peter Brand
236
Clause 59, page 53, line 17, leave out 'and social care'.
Mr John Denham
342
Clause 61, page 55, line 14, after '14(5)' insert 'or regulations under section (Supplementary and consequential provision etc.)(3)(c)'.
Dr Liam Fox
Mr Philip Hammond
Mr Desmond Swayne
63
Clause 61, page 55, line 18, after 'section', insert '16(4) or'.
Dr Liam Fox
Mr Philip Hammond
Mr Desmond Swayne
64
Clause 61, page 55, line 23, after 'section', insert '16(4) or'.
Mr John Denham
343
Clause 61, page 55, line 29, at end insert—
'( ) Any regulations made by virtue of section (Supplementary and consequential provision etc.)(3)(c) shall be made by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 and shall be subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954.'.
