rs1101402.354-359

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Report Stage Proceedings: 14th February 2006
354

Health Bill, continued

Vicarious liability

Mr David Kidney

Annette Brooke

Not selected  nc2

To move the following Clause:—

‘(1)
Anything done by a person in the course of that person’s employment shall, in any

proceedings brought under section [Breastfeeding etc.], be treated for the purpose

of this section as done also by that person’s employer, whether or not it was done

with the employer’s knowledge or approval.

(2)
Anything done by a person as agent for another person with the authority

(whether express or implied and whether precedent or subsequent) of that other

person shall, in any proceedings brought under section [Breastfeeding etc.] be

treated for the purpose of this section as done also by that other person.

(3)
In proceedings brought under this Part of this Act against an employer in respect

of an offence under section [Breastfeeding etc.] alleged to have been done by an

employee of the employer, it shall be a defence for the employer to prove that the

employer took such steps as were reasonably practicable to prevent the employee

from committing such an offence in the course of the employee’s employment.

(4)
In this section, “employment” means employment under a contract of service or

of an apprenticeship or a contract personally to do any work; and related

expressions are to be construed accordingly.’.

Duty to provide information to terminally ill patients about entitlement to attendance

allowance

Anne Main

Mr Frank Field

Mike Penning

Grant Shapps

Dr Richard Taylor

Mr Alan Williams

Not selected  nc3

To move the following Clause:—

‘(1)
Any medical practitioner who diagnoses a terminal illness in a patient must notify

the Secretary of State that the patient is terminally ill.

(2)
A notification under subsection (1) must be made—

(a)
as soon as reasonably practicable after the patient has been informed of
5
the diagnosis, and

(b)
in such manner as may be prescribed by regulations made by the

Secretary of State.

(3)
For the purposes of subsection (1) “terminally ill” has the same meaning as in

section 66(2)(a) of the Social Security Contributions and Benefits Act 1992 (c. 4).
10
(4)
The Secretary of State must, as soon as reasonably practicable after receiving a

notification under subsection (1), send the patient to whom the notification

relates—

(a)
such information as the Secretary of State considers appropriate about the

patient’s entitlement to an attendance allowance, and
15
(b)
a claim form.’.

Report Stage Proceedings: 14th February 2006
355

Health Bill, continued

As an Amendment to Anne Main’s proposed New Clause (Duty to provide information

to terminally ill patients about entitlement to attendance allowance) (NC3):—

Mr Andrew Lansley

Dr Andrew Murrison

Mr Crispin Blunt

Not selected  (a)

Line  7,  at end insert—

‘(c)
having obtained the permission of the patient’.

Mr Andrew Lansley

Dr Andrew Murrison

Mr Crispin Blunt

Withdrawn  12

Page  9,  line  18  [Clause  13],  at end insert—

‘(c)
require the nomination in each NHS Trust of a Trust Director responsible

for cleanliness and health care associated infection control (“the Trust

Director”);

(d)
provide for the senior infection control nurse to report directly to the

Trust Director;

(e)
indicate action to be taken by the Trust Director and Trust Board in

respect of ward closures on receipt of an adverse report from the senior

infection control nurse;

(f)
require pre- and post-discharge surveillance for a person undergoing a

surgical procedure;

(g)
contain requirements relating to infection control nurses;

(h)
contain requirements relating to isolation facilities;

(i)
define standards relating to cleaning services;

(j)
require hospital infection data to be recorded by clinical department.’.

Mrs Nadine Dorries

Not called  35

Page  9,  line  18  [Clause  13],  at end insert—

‘( )
require all medical staff who have direct contact with patients not to

travel to and from work in work uniform.’.

Mrs Nadine Dorries

Not called  37

Page  9,  line  18  [Clause  13],  at end insert—

‘( )
define standards relating to the home laundering of staff uniforms.’.

Report Stage Proceedings: 14th February 2006
356

Health Bill, continued

Ms Secretary Hewitt

Agreed to  25

Page  14,  line  41  [Clause  16],  leave out ‘responsible’ and insert ‘designated’.

Mr Andrew Lansley

Dr Andrew Murrison

Mr Crispin Blunt

Not selected  13

Page  17,  line  22  [Clause  17],  at end insert—

‘(f)
for measures to protect patient confidentiality in record handling’.

Mr Andrew Lansley

Dr Andrew Murrison

Mr Crispin Blunt

Not selected  14

Page  19,  line  32  [Clause  20],  at end insert—

‘(e)
confidentiality in the transfer of data attributable to individual patients

between cooperating bodies’.

Mr Andrew Lansley

Dr Andrew Murrison

Mr Crispin Blunt

Not selected  15

Page  24,  line  43  [Clause  28],  leave out from ‘time’ to end of line 45.

Ms Secretary Hewitt

Agreed to  30

Page  25  [Clause  28],  leave out lines 34 to 47.

Ms Secretary Hewitt

Agreed to  31

Page  26,  line  3  [Clause  28],  at end insert—

‘72B
Section 72A: supplementary

(1)
The failure by a person to comply with any requirements of section 72A

of this Act, or of regulations made under that section, may constitute

misconduct for the purposes of section 80 of this Act, section 8 of the

Report Stage Proceedings: 14th February 2006
357

Health Bill, continued

Pharmacy Act 1954 and Article 20 of the Pharmacy (Northern Ireland)

Order 1976; and the Statutory Committee may deal with such a failure

accordingly.

(2)
A person who does not have the qualifications and experience required

by regulations made by virtue of section 72A(7)(a) of this Act is not to

be considered as a responsible pharmacist for the purposes of sections 70

to 72 of this Act.

(3)
Subsection (4) of this section applies if a person—

(a)
fails to comply with the requirements of subsection (2) of section

72A of this Act, or of regulations made under that subsection,

(b)
fails to comply with any requirements as to absence from the

premises contained in regulations made by virtue of subsection

(7)(b) of that section.

(4)
If this subsection applies, the person in question is not to be considered

while the failure continues as being in charge of the business at the

premises in question (or in a subsection (3)(a) case at any of them) for the

purposes of sections 70 to 72 of this Act.’.

Ms Secretary Hewitt

Agreed to  32

Page  26  [Clause  28],  leave out lines 15 to 22.

Sandra Gidley

Withdrawn  28

Page  28,  line  42  [Clause  32],  leave out from beginning to ‘products’ in line 43.

Sandra Gidley

Not called  29

Page  28,  line  45  [Clause  32],  at end add ‘that are not drugs or medicines.’.

Mr Andrew Lansley

Dr Andrew Murrison

Mr Crispin Blunt

Not selected  16

Page  29,  line  41  [Clause  34],  at end insert—

‘(2A)
All optometrists registered with the General Optical Council and ophthalmic

medical practitioners registered with the General Medical Council shall be

permitted to offer the sight-testing service subject to inclusion on a list kept by

the relevant Primary Care Trust of registered persons.’.

Report Stage Proceedings: 14th February 2006
358

Health Bill, continued

Mr Andrew Lansley

Dr Andrew Murrison

Mr Crispin Blunt

Not selected  17

Page  34,  line  17  [Clause  35],  at end add—

‘28WG
  Duty to provide choice

(1)
The Secretary of State may make regulations requiring primary care trusts in the

letting of GOS contracts to maximise choice for patients.

(2)
The regulations in particular may provide for primary care trusts to enable

patients to be able to obtain the sight-test from the registered optometrist or

ophthalmic medical practitioner of their choice.’.

Ms Secretary Hewitt

Mr Andrew Lansley

Dr Andrew Murrison

Mr Crispin Blunt

Agreed to  21

Page  58,  line  41  [Clause  76],  leave out ‘3’ and insert ‘(Smoke-free premises:

exemptions)’.

Mr Andrew Lansley

Dr Andrew Murrison

Mr Crispin Blunt

Withdrawn  33

Page  58,  line  41  [Clause  76],  after ‘section’, insert ‘2’.

Mr Andrew Lansley

Dr Andrew Murrison

Mr Crispin Blunt

Not called  34

Page  58,  line  41  [Clause  76],  after ‘4’, insert ‘5’.

Ms Secretary Hewitt

Mr Andrew Lansley

Dr Andrew Murrison

Mr Crispin Blunt

Agreed to  22

Page  58,  line  41  [Clause  76],  at end insert—

‘( )
an order under section (Power to amend age for sale of tobacco etc),’.

Ms Secretary Hewitt

Agreed to  26

Page  84,  line  13  [Schedule  8],  at end insert—

Report Stage Proceedings: 14th February 2006
359

Health Bill, continued

‘Health and Social Care Act 2001 (c. 15)


In Schedule 1 to the Health and Social Care Act 2001 (exempt information

relating to health services), for paragraph 11(a) (as substituted by paragraph

72(2) of Schedule 11 to the 2003 Act) substitute—

“(a)
is or was formerly providing primary medical services,

primary dental services or primary ophthalmic services

under a contract under section 28K, 28Q or 28WA of the

1977 Act;”.’.

Ms Secretary Hewitt

Agreed to  23

Title,  line  2,  after ‘vehicles’ insert ‘and for amending the minimum age of persons to

whom tobacco may be sold’.

Anne Main

Mr Frank Field

Mike Penning

Grant Shapps

Dr Richard Taylor

Mr Alan Williams

Not selected  3

Title,  line  11,  after ‘functions;’, insert ‘to make provision about informing terminally ill

patients about their entitlement to an attendance allowance;’.

Mr David Kidney

Annette Brooke

Not selected  9

Title,  line  11,  after ‘functions’, insert ‘to make provision about breastfeeding’.

Bill read the third time on division, and passed.