Health and Social Care (Community Health and Standards) Bill

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Sir George Young (North-West Hampshire): The clause deals with the commencement orders. On what day does the Minister, as the appropriate authority, intend to introduce the various parts of the Bill?

Mr. Hutton: Yes, right. How much time does the right hon. Gentleman think we have to do that? I cannot give him a specific timetable for the introduction of every clause of the Bill, and he knows perfectly well why. Some of those decisions will be made on the basis of contingent events as yet unclear. We will introduce the Bill and commence the clauses, and we will keep him informed; obviously, he will want to know when we do all those things. We talked about our commencement intentions in many of our discussions on earlier clauses, and he will want to reflect on that. For example, in relation to the provisions that we discussed during this morning's proceedings—I do not know whether he was here—we have in mind to introduce and commence the dental provisions no later than April 2005.

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There will be different dates for different parts of the Bill, depending on other developments. The clauses on foundation trusts will be commenced at the earliest possible opportunity.

Question put and agreed to.

Clause 177, as amended, ordered to stand part of the Bill

Clause 178

Transitional or transitory

provision and savings

Mr. Hutton: I beg to move amendment No. 632, in

    clause 178, page 91, line 21, leave out

    'in relation to Part 3'.

The Chairman: With this it will be convenient to discuss Government amendment No. 633.

Mr. Hutton: Again, these are minor, technical amendments that will allow any order-making transitional, supplementary or consequential provision under clauses 178 or 179 to modify an Act of the Scottish Parliament if necessary. That will allow, for example, cross-references to this Bill, should it be enacted, to be made in Scottish legislation.

Originally, it was thought that that would be necessary only in relation to part 3, but on further consideration we have decided that we cannot rule out the possibility that it may be necessary to make such provisions in relation to other parts of the Bill, such as part 4 and the welfare food provisions in part 5. The amendments are simply designed to enable us to do that if necessary.

Chris Grayling: I have a quick question for the Minister. Is the amendment purely technical, or will it permit statutory changes to Scottish legislation? If so, that slightly goes against the devolution principle. Where is the line drawn with these powers?

Mr. Hutton: The amendment does not go against the devolution settlement. It is designed to reflect the proper division of responsibilities between the Scottish Parliament and Executive and the Westminster Parliament. This is about defining parameters and ensuring that the legislation is amended as provided for here in relation to matters that are not devolved.

Amendment agreed to.

Clause 178, as amended, ordered to stand part of the Bill.

Clause 179

Supplementary and consequential provision

Amendment made: No. 633, in

    clause 179, page 91, line 33, leave out

    'in relation to Part 3'.—[Mr. Hutton.]

Clause 179, as amended, ordered to stand part of the Bill.

Column Number: 912

Clause 180

Extent

Amendment made: No. 625, in

    clause 180, page 91, line 39, at end insert

    '(subject to any express limitation contained in this Act)'.—[Mr. Hutton.]

Mr. Hutton: I beg to move amendment No. 634, in

    clause 180, page 92, line 1, at end insert—

    '( ) sections 119 and 120;'.

I reassure the Committee that this is a minor technical amendment that will not take too long to deal with. Clauses 119 and 120 allow CHAI and CSCI to enter into arrangements with the Ministers responsible to inspect health and social services provided in settings such as the armed forces. Clearly, as responsibility for the armed forces is not a devolved matter, such arrangements theoretically could extend to Scotland and Northern Ireland. The amendment extends the clauses to Scotland. As members of the Committee will know, the Bill already provides that the clauses extend to Northern Ireland.

Amendment agreed to.

Clause 180, as amended, ordered to stand part of the Bill.

Clause 181 ordered to stand part of the Bill.

New clause 17

Amendment of provision relating to reform of Welsh health authorities

    'In section 27 of the Government of Wales Act 1998 (reform of Welsh health authorities), in subsection (7), for '(5)(b)' substitute '(7)(b)'.—[Mr. Hutton.]

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

New clause 18

Abolition of Public Health

Laboratory Service Board

    '(1) The Public Health Laboratory Service Board is abolished.

    (2) Schedule [Amendments consequential on abolition of the Public Health Laboratory Service Board] has effect.

    (3) On the day this section is commenced by order under section 177 the property, rights and liabilities of the Board vest in the Secretary of State.'.—[Mr. Hutton.]

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

New Schedule 1

Amendments consequential on the

abolition of the Public Health Laboratory Service Board

    Parliamentary Commissioner Act 1967 (c.13)

    1 In paragraph 8(1) of Schedule 3 to the Parliamentary Commissioner Act 1967 (matters not subject to examination) the words ''or by the Public Health Laboratory Service Board'' are omitted.

    House of Commons Disqualification Act 1975 (c.24)

    2 In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (other disqualifying offices) the entry relating to the

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    Chairman of the Public Health Laboratory Service Board is omitted.

    Race Relations Act 1976 (c.74)

    3 In Part 2 of Schedule 1A to the Race Relations Act 1976 (additional bodies subject to a general statutory duty) the entry relating to the Public Health Laboratory Service Board is omitted.

    National Health Service Act 1977 (c.49)

    4 In the National Health Service Act 1977—

    (a) in section 5 (provision of other services), subsections (4) and (5) are omitted;

    (b) in section 127(c) the words ''(except the Public Health Laboratory Service Board)'' are omitted;

    (c) Schedule 3 (Public Health Laboratory Service Board) is omitted.

    Income and Corporation Taxes Act 1988 (c.1)

    5 In section 519A(2) of the Income and Corporation Taxes Act 1988 (definition of health bodies) paragraph (h) is omitted.

    National Health Service and Community Care Act 1990 (c.19)

    6 In the National Health Service and Community Care Act 1990—

    (a) in section 4(2) (NHS contracts) paragraph (h) is omitted;

    (b) in section 21(2) (schemes for meeting losses and liabilities of certain health service bodies) paragraph (c) and the word ''and'' preceding it are omitted;

    (c) in section 60(7) (removal of Crown immunities) paragraph (h) and the word ''and'' preceding it are omitted.

    Health Service Commissioners Act 1993 (c.46)

    7 In section 2(1) of the Health Service Commissioners Act 1993 (bodies subject to investigation) paragraph (g) and the word ''and'' preceding it are omitted.

    Employment Rights Act 1996 (c.18)

    8 In section 218(10) (list of health service employers affected by continuity of employment provisions) paragraph (c) and the word ''and'' preceding it are omitted.

    Government of Wales Act 1998 (c.38)

    9 (1) In Schedule 5 of the Government of Wales Act 1998 (bodies covered by power of Assembly to require under section 74 of that Act certain persons to attend and give evidence and produce documents), paragraph 39 is omitted.

    (2) But subparagraph (1) does not affect a requirement made—

    (a) before this paragraph comes into force;

    (b) in relation to any matter which occurred or existed before that time.

    Freedom of Information Act 2000 (c.36)

    10 In Schedule 1 to the Freedom of Information Act 2000 (public authorities for the purposes of the Act) paragraph 43 is omitted.

    International Development Act 2002 (c.1)

    11 In Schedule 1 to the International Development Act 2002 (bodies with power to enter into certain arrangements) the words ''Public Health Laboratory Service Board'' are omitted.

    Nationality, Immigration and Asylum Act 2002 (c.41)

    12 In section 133(4) of the Nationality, Immigration and Asylum Act 2002 (disclosure of certain information to health service bodies)—

    (a) in paragraph (a) the word ''or'' is inserted after subparagraph (iii) and subparagraph (v) and the word ''or'' preceding it are omitted;

    (b) in paragraph (b) the word ''or'' is inserted after subparagraph (i) and subparagraph (iii) and the word ''or'' preceding it are omitted.'.—[Mr. Hutton.]

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

Question proposed, That the Chairman do report the Bill, as amended, to the House.

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Mr. Hutton: At this happy moment—[Hon. Members: ''Hear, hear!''] I know that everyone wants me to make this brief, and I will. May I record, on behalf of my hon. Friends and, I hope, other hon. Members—they will speak for themselves—our appreciation of the way in which you and Mr. Atkinson have chaired our proceedings, Mr. Griffiths? In a delightful way, you have been strict, fair and funny and we have all enjoyed serving under your leadership. I also extend, through you, our appreciation to the Officers of the House who have, again, shown distinction in supporting the work of right hon. and hon. Members. It may not be customary, but I should like briefly to express my appreciation to the many officials in the Department of Health who have provided support to my hon. Friends on the Front Bench. I have greatly appreciated their help.

This has been a generally well-tempered Committee. We have had some good debates, which have been of a high quality. I finish by expressing my appreciation to all members of the Committee, on both sides, for their forbearance and good humour, which have made the past four or five weeks of my life an unforgettable experience.

 
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