Health and Social Care (Community Health and Standards) Bill

[back to previous text]

Mr. Lammy: I will seek advice on that and get back to the hon. Gentleman, if I may.

These clauses are a response to requests by the Isle of Man, Jersey and Guernsey to allow a procedural

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position to be prepared and approved in time for introduction. It is right that we should be able to help our colleagues across the water, should they so wish, and these provisions make that allowance.

Question put and agreed to.

Clause read a Second time, and added to the Bill.

New Clause 3

Arrangements with the Isle of Man

and Channel Islands: CHAI

    '(1) The CSCI may make arrangements with—

    (a) the Government of the Isle of Man,

    (b) the States of Jersey, or

    (c) the States of Guernsey,

    for the CSCI to advise and assist that authority with respect to the provision of any services which are similar to English local authority social services.

    (2) The terms and conditions of arrangements under this section may include provision with respect to the making of payments to the CSCI in respect of the cost to it of performing or providing any functions, services or facilities under the arrangements.'.—[Mr. Lammy.]

Brought up, read the First and Second time, and added to the Bill.

New Clause 5

Provision of material

    '(1) The CHAI must, on request, provide the Comptroller and Auditor General with any material relevant to a review or investigation under sections 51 to 53 or a study under section 56.

    (2) The CHAI must, on request, provide the regulator with—

    (a) any material which is relevant to a review or investigation under sections 51 to 53 and relates to the provision of health care by or for an NHS foundation trust;

    (b) any material which is relevant to a study under section 56 and relates to an NHS foundation trust.'.—[Mr. Lammy.]

Brought up, read the First and Second time, and added to the Bill.

New Clause 6

Boarding schools and colleges: reports

    'In section 87 of the Children Act 1989 (c.41), after subsection (9) insert—

    ''(9A) The Commission and the National Assembly for Wales must each publish such reports in relation to the exercise of its functions under this section as it considers appropriate.

    (9B) The Commission and the National Assembly for Wales must each make copies of any report published by it under this section available for inspection at its offices by any person at any reasonable time.

    (9C) Any person who requests a copy of a report published under this section is entitled to have one on payment of such reasonable fee (if any) as the Commission or the National Assembly for Wales (as the case may be) considers appropriate.''.'.

    —[Mr. Lammy.]

Brought up, read the First and Second time, and added to the Bill.

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New Clause 12

CHAI fees: Wales

    '(1) The CHAI may from time to time make and publish provision—

    (a) requiring a Welsh NHS body to pay a fee in respect of the exercise by the CHAI, in relation to that body, of such of its functions under this Chapter as may be prescribed;

    (b) requiring a person of a prescribed description who provides health care for a Welsh NHS body to pay a fee in respect of the exercise by the CHAI, in relation to the health care so provided by that person, of such of its functions under this Chapter as may be prescribed.

    (2) The CHAI may not under subsection (1)(b) require an English NHS body or crossborder SHA to pay a fee.

    (3) The amount of a fee payable under provision under subsection (1) shall be such as may be specified in, or calculated or determined under, the provision.

    (4) Provision under subsection (1) may include provision—

    (a) for different fees to be paid in different cases, or classes of case;

    (b) for different fees to be paid by persons of different descriptions;

    (c) for the amount of a fee to be determined by the CHAI in accordance with specified factors;

    (d) for the time by which a fee must be paid.

    (5) Before making any provision under subsection (1) the CHAI must consult such persons as appear to it appropriate.

    (6) The Assembly may by regulations make provision as to—

    (a) the manner in which provision under subsection (1) is to be made and published;

    (b) the matters to be taken into account by the CHAI before making the provision.

    (7) The Assembly may by regulations make provision for an independent person or panel to review the amount charged under subsection (1) in any particular case and, if that person or panel thinks fit, to substitute a lesser amount for that amount.

    (8) For the purpose of determining the fee payable by a person or body under subsection (1), the person or body must provide the CHAI with such information, in such form, as the CHAI may require.

    (9) A fee payable by virtue of this section may, without prejudice to any other method of recovery, be recovered summarily as a civil debt.'

    —[Mr. Lammy.]

Brought up, read the First and Second time, and added to the Bill.

New Clause 13

Duty to have regard to

government policy: CHAI

    '(1) In exercising any of its functions the CHAI must have regard to such aspects of government policy as the Secretary of State may direct.

    (2) Subsection (1) does not apply in relation to any of the CHAI's functions under section 49(1), 50, 52 or 54.

    (3) In exercising any of its functions under any of the sections referred to in subsection (2)—

    (a) where the exercise relates to the provision of health care by or for an English NHS body or crossborder SHA, the CHAI must have regard to such aspects of government policy as the Secretary of State may direct; and

    (b) where the exercise relates to the provision of health care by or for a Welsh NHS body, the CHAI must have regard to such aspects of the Assembly's policy as the Assembly may direct.

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    (4) In relation to any function conferred on the CHAI under subsection (1)(a) of section 57, regulations under that section may do either or both of the following—

    (a) they may disapply subsection (1) of this section in relation to that function;

    (b) they may require the CHAI, in exercising the function in relation to the provision of health care by or for a Welsh NHS body, to have regard to such aspects of the Assembly's policy as the Assembly may direct.

    (5) A direction under this section—

    (a) must be given in writing;

    (b) may be varied or revoked by a further direction under this section.'.—[Mr. Lammy.]

Brought up, and read the First time.

Motion made, and Question put, That the clause be read a Second time:—

The Committee divided: Ayes 14, Noes 9.

Division No. 17]

AYES
Bailey, Mr. Adrian Casale, Roger Fitzpatrick, Jim Hall, Mr. Mike Hepburn, Mr. Stephen Hutton, Mr. John Jones, Mr. Jon Owen
Lammy, Mr. David McCabe, Mr. Stephen Pound, Mr. Stephen Russell, Christine Thomas, Mr. Gareth Touhig, Mr. Don Ward, Claire

NOES
Burns, Mr. Simon Burstow, Mr. Paul Calton, Mrs. Patsy Gillan, Mrs. Cheryl Grayling, Chris
Harris, Dr. Evan Murrison, Dr. Andrew Streeter, Mr. Gary Young, Sir George

Question accordingly agreed to.

Clause read a Second time, and added to the Bill.

New Clause 14

Criteria

    '(1) The Secretary of State may, after consulting the CHAI, make regulations requiring the CHAI to devise and publish statements of criteria to be used in—

    (a) the exercise of any of its functions under section 49(1), 50, 52 or 54 in relation to the provision of health care by or for an English NHS body or crossborder SHA;

    (b) the exercise of any of its functions under section 53, 55, 56 or 57(1)(b);

    (2) The Assembly may, after consulting the CHAI, make regulations requiring the CHAI to devise and publish statements of criteria to be used in the exercise of its functions under section 49(1), 50, 52 or 54 in relation to the provision of health care by or for a Welsh NHS body.

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    (3) In relation to any function conferred on the CHAI under subsection (1)(a) of section 57, regulations under that section may provide that any one or more of the following provisions of this section shall have effect as if it included a reference to the exercise of that function—

    (a) subsection (1)(a);

    (b) subsection (1)(b);

    (c) subsection (2).

    (4) Regulations under this section may require the CHAI—

    (a) to obtain the consent of the Secretary of State before publishing a statement under subsection (1);

    (b) to obtain the consent of the Assembly before publishing a statement under subsection (2).'.—[Mr. Lammy.]

Brought up, read the First and Second time, and added to the Bill.

New Clause 15

Failure in discharge of functions: CHAI

    '(1) Where the Secretary of State considers that the CHAI is to a significant extent—

    (a) failing to discharge any of its functions under this Act; or

    (b) failing properly to discharge any of those functions;

    he may give a direction to the CHAI.

    (2) The Secretary of State must consult the Assembly before giving a direction under this section in respect of a failure which—

    (a) relates to any function of the CHAI under section 49(1), 50, 52 or 54; and

    (b) relates to the provision of health care by or for a Welsh NHS body.

    (3) Regulations under section 57 may, in relation to any function conferred on the CHAI under subsection (1)(a) of that section, provide that—

    (a) the Assembly, and not the Secretary of State, may give directions to CHAI under subsection (1);

    (b) the Assembly, as well as the Secretary of State, may give directions to the CHAI under subsection (1).

    (4) The CHAI must comply with any direction given to it under this section.

    (5) A direction given under this section—

    (a) must be given in writing;

    (b) may be varied or revoked by a further direction under this section.'.—[Mr. Lammy.]

Brought up, read the First and Second time, and added to the Bill.

Further consideration adjourned.—[Jim Fitzpatrick.]

Adjourned accordingly at twenty-four minutes past Eleven o'clock till this day at half-past Two o'clock.

Column Number: 751

The following Members attended the Committee:
Atkinson, Mr. Peter (Chairman)
Bailey, Mr.
Burnham, Andy
Burns, Mr.
Burstow, Mr.
Calton, Mrs.
Casale, Roger
Fitzpatrick, Jim
Gillan, Mrs.
Grayling, Chris
Hall, Mr. Mike
Harris, Dr. Evan
Hepburn, Mr.

Column Number: 752


Hutton, Mr.
Jones, Mr. Jon Owen
Lammy, Mr.
McCabe, Mr.
Murrison, Dr.
Pound, Mr.
Russell, Ms Christine
Streeter, Mr.
Thomas, Mr. Gareth
Touhig, Mr.
Ward, Claire
Young, Sir George

 
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