Previous Section | Index | Home Page |
15 Jan 2003 : Column 716continued
Bob Spink accordingly presented a Bill to extend and improve methods of electoral registration: And the same was read the First time; and ordered to be read a Second time on 11 July, and to be printed [Bill 43].
As amended in the Standing Committee, considered.
The Minister of State, Department of Health (Jacqui Smith): I beg to move, That the clause be read a Second time.
Madam Deputy Speaker (Sylvia Heal): With this it will be convenient to discuss the following:
Mrs. Patsy Calton (Cheadle): I understand that the new clause would tighten up section 12(7), but would be grateful for confirmation from the Minister.
Will the new clause give the Welsh Assembly powers simply to emulate the statutory instruments from the Secretary of State under section 12, or will it have any powers itself to produce fresh statutory instruments, within the confines of the section?
Jacqui Smith: It depends how Xtighten up" is defined, but the aim of the new clause is probably not to tighten up the position relating to Wales. The Government seek to balance the commitment to devolution of health matters to the Assembly with maintaining the original purpose of the new power, which was to make community equipment and intermediate services only free of charge. The new power in part 2 has been taken with specific services in mind, and with a clear purposeto help reduce delayed discharge caused by services in which integration is hampered by charging.
The new clause, and the regulation-making power that it gives the Assembly, will allow the Assembly to decide how to use the new power in Wales. The present wording would require Wales to replicate the regulations set by the Government in England. The new clause gives the Assembly more flexibility.
Mr. Jon Owen Jones (Cardiff, Central): I have just received an answer from the Department of Health concerning the number of Welsh patients treated in English hospitals. More than 4,000 are treated just in the five hospitals most commonly used along the borderthe Countess of Chester hospital, the Royal Shrewsbury hospital, the Hereford hospital, the Robert Jones and Agnes Hunt orthopaedic hospital, the Royal Liverpool University children's hospital, the Cardiothoracic centre in Liverpool, the Central Manchester hospital,
the Walton Centre for Neurology and Neurosurgery, the Royal Liverpool and Broadgreen University hospitals and the United Bristol healthcare trust.What reciprocal arrangements will be made in regard to charging for any patients from Welsh local authorities whose discharge from English hospitals may be delayed?
Jacqui Smith: I understand that the Assembly has decided not to introduce in Wales the incentives that we are introducing in the Bill. As for reciprocal arrangements, I understand that the discharge of fewer than three Welsh patients in English hospitals is being delayed. Because Wales has decided that it does not want to introduce reimbursement at this time, we currently have no plans for reciprocal arrangements. If Wales decides to implement reimbursement proposals, we shall need to consider the details then.
Clause read a Second time, and added to the Bill.
'(1) In this Part Xcarer", in relation to a qualifying hospital patient, means a person aged over 16 who
(a) provided (prior to admission in hospital) or intends to provide a substantial amount of care to the qualifying hospital patient on a regular basis once they are discharged, and
(b) did not or will not provide this care
(i) by virtue of a contract of employment or other contract with any person, or
(ii) as a volunteer for a voluntary organisation.
(2) In subsection (1), Xvoluntary organisation" has the same meaning as in the National Assistance Act 1948.
(3) The responsible authority shall inform any person where it appears to them that they may be entitled under section (1) of the Carers (Recognition and Services) Act 1995 and section (1) of the Carers and Disabled Children Act 2000 to request an assessment of their ability to provide and continue to provide care.
(4) The assessment of the patient's needs under section (3)(3)(a) must take account of the results of any assessment undertaken of the carer's ability to provide and continue to provide care for the patient under the Carers (Recognition and Services) Act 1995 or the Carers and Disabled Children Act 2000 or both those Acts.'.[Mr. Burstow.]
Brought up, and read the First time.
Mr. Paul Burstow (Sutton and Cheam): I beg to move, That the clause be read a Second time.
Madam Deputy Speaker : With this it will be convenient to discuss the following:
'(1) Further to fulfilment of the requirements under section 2(2) and (3) it shall the duty of the responsible authority to
(a) inform any person where it appears to them that they may be entitled under section (1) of the Carers (Recognition and Services) Act 1995 and section (1) of the Carers and Disabled Children Act 2000 to request an assessment of their ability to provide and continue to provide care;
(b) ensure that the assessment carried out under the above provisions provide sufficient information in the care plan, or to make arrangements that a provider of services to the patient can carry out an appropriate
Amendment No. 41A, in page 2, line 9, [Clause 2], after 'body', insert
'to consult with the patient and his carer, if he has one, to ascertain their views and preferences, and
(a) where informed consent is given, record that on the patient's file or
(b) in the case where a patient lacks the mental capacity to give such consent, record on the file what steps it has taken to ensure that the patient's best interests have been duly considered, and'.
Amendment No. 5, in page 2, line 41, [Clause 3], at end insert
'(3A) Before making a decision under subsection (3) the responsible authority must
(a) consult the patient and his carer, if he has one;
(b) inform them of the cost of the proposed care plans; and
(c) obtain the consent of the patient and any carer and
(i) where informal consent is given, record that on the patient's file, or
(ii) in the case where a patient lacks the mental capacity to give such consent, record on the file what steps it has taken to ensure that the patient's best interests have been duly considered.'.
Government amendments Nos. 28 to 30.
Amendment No. 3, in page 3, line 7, [Clause 3], at end insert
'(6A) The responsible NHS body must consult the patient and
(a) where informed consent is given, record that on the patient's file, or
(b) in the case where a patient lacks the mental capacity to give such consent, record on the file what steps it has taken to ensure that the patient's best interests have been duly considered,
before deciding what services (if any) it will make available following discharge.'.
Amendment No.4, in page 3, line 7, [Clause 3], at end insert
'(6A) The responsible NHS body must take into account the views of the patient's carer, if he has one, before deciding what services (if any) it will make available following discharge.'.
Amendment No. 2, in page 3, line 9, [Clause 3], at end insert
'(7A) The responsible NHS body must give the patient and his carer, if he has one
(a) notice of the day on which it proposes to discharge the patient and
(i) where informed consent is given, record that on the patient's file, or
(ii) in the case where a patient lacks the mental capacity to give such consent, record on the file what steps it has taken to ensure that the patient's best interests have been duly considered, and
(b) information about their right to request a review if they disagree with the decision to discharge.'.
Government amendments Nos. 32 to 34, 36 and 37, 39 and 40.
Next Section
| Index | Home Page |