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Session 2006-07
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Thursday 1st March 2007

Public Bill Committee


      New Amendments handed in are marked thus *

      Other Amendments not tabled within the required notice period are marked thus 8

Local Government and Public Involvement in Health Bill


Note

The Amendments have been arranged in accordance with the Order of the Committee [30th January].


Mr Phil Woolas

185

Clause 131, page 91, line 9, leave out from ‘(2)’ to end of line 11 and insert ‘include principles which are to apply at all times to a person who is a member or co-opted member.”’.

Mr Phil Woolas

186

Clause 131, page 91, line 13, leave out from ‘conduct’ to end of line 15 and insert ‘include provisions which are to apply at all times to a person who is a member or co-opted member.”’.

Mr Phil Woolas

187

Clause 131, page 91, line 18, leave out from ‘(4)(c)’ to end of line 20 and insert ‘include provisions which are to apply at all times to a person who is a member or co-opted member.”’.

Andrew Stunell
Tom Brake
Dr John Pugh

124

Clause 131, page 91, line 21, leave out subsection (4).

Mr Phil Woolas

188

Clause 131, page 92, line 1, after second ‘in’, insert ‘Part 3 of’.

Mr Phil Woolas

189

Clause 131, page 92, line 6, at end insert—

      ‘(9A) References in subsections (6) to (8) to the code of conduct of a relevant authority include, in relation to a relevant authority whose members and co-opted members are subject to mandatory provisions by virtue of section 51(5)(b) of the Local Government Act 2000 (c. 22), those mandatory provisions.’.


Alistair Burt
Mr Robert Syms
Michael Fabricant
Robert Neill
Mr David Burrowes
Mr Philip Dunne

165

Clause 132, page 92, line 20, at end insert—

      ‘(1A) Where a standards committee receives an allegation under subsection (1) it must copy the allegation to the person who is the subject of the complaint.’.

Alistair Burt
Mr Robert Syms
Michael Fabricant
Robert Neill
Mr David Burrowes
Mr Philip Dunne

166

Clause 132, page 92, line 41, after ‘allegation’, insert ‘and the person who is the subject of the complaint’.

Alistair Burt
Mr Robert Syms
Michael Fabricant
Robert Neill
Mr David Burrowes
Mr Philip Dunne

151

Clause 132, page 93, leave out lines 9 to 29.

Alistair Burt
Mr Robert Syms
Michael Fabricant
Robert Neill
Mr David Burrowes
Mr Philip Dunne

152

Clause 132, page 93, line 34, leave out ‘and 57B(4)’.

Alistair Burt
Mr Robert Syms
Michael Fabricant
Robert Neill
Mr David Burrowes
Mr Philip Dunne

164

Clause 132, page 93, line 38, at end insert—

      ‘(1A) The Standards Board for England shall publish the reasons for making or revoking a direction under subsection (1)’.

Alistair Burt
Mr Robert Syms
Michael Fabricant
Robert Neill
Mr David Burrowes
Mr Philip Dunne

153

Clause 132, page 94, leave out lines 4 to 9.

Mr Phil Woolas

190

Clause 132, page 94, line 26, at end insert—

        ‘(e) modifying section 67(2A) in relation to any case where a direction under this section is in force at a time when the Public Services Ombudsman for Wales is of the opinion mentioned there.’.

Alistair Burt
Mr Robert Syms
Michael Fabricant
Robert Neill
Mr David Burrowes
Mr Philip Dunne

167

Clause 132, page 94, line 46, after ‘allegation’, insert ‘and the person who is the subject of the complaint’.

Alistair Burt
Mr Robert Syms
Michael Fabricant
Robert Neill
Mr David Burrowes
Mr Philip Dunne

154

Clause 132, page 95, leave out line 20.


Alistair Burt
Mr Robert Syms
Michael Fabricant
Robert Neill
Mr David Burrowes
Mr Philip Dunne

163

Clause 138, page 98, line 32, leave out subsection (3) and insert—

      ‘(3) Section 62 of the Act (ethical standards officers: investigations and findings) is amended as follows—

        (a) omit subsection (1),

        (b) in subsection (2)(b) after “such”, insert “documents,”.’.

Alistair Burt
Mr Robert Syms
Michael Fabricant
Robert Neill
Mr David Burrowes
Mr Philip Dunne

155

Clause 138, page 98, line 35, at end insert—

      ‘(3A) In section 63(1) of that Act (restrictions on disclosure of information obtained by ethical standards officers)—

        (a) at the beginning insert ‘Confidential’;

        (b) leave out paragraph(c).’.

Alistair Burt
Mr Robert Syms
Michael Fabricant
Robert Neill
Mr David Burrowes
Mr Philip Dunne

156

Clause 138, page 99, line 5, at end add—

      ‘(5) After section 63(1) of that Act insert—

      “(1A) Confidential information obtained by ethical standards officers under section 61 or 62 shall be disclosed to the person who is the subject of the complaint on terms that the information is to be kept confidential by that person, his solicitors or counsel, and named advisers, if it is in the interest of fairness that it be disclosed.”.’.

Alistair Burt
Mr Robert Syms
Michael Fabricant
Robert Neill
Mr David Burrowes
Mr Philip Dunne

157

Clause 138, page 99, line 5, at end add—

      ‘( ) After section 63(3) of that Act insert—

      “(3A) If an ethical standards officer is not able fairly to continue his investigation because of a notice given under subsection (2), he shall discontinue his investigation and state that the investigation is being discontinued because of the notice.”.’.


Alistair Burt
Mr Robert Syms
Michael Fabricant
Robert Neill
Mr David Burrowes
Mr Philip Dunne

158

Clause 139, page 99, line 15, at end insert—

      ‘(3A) After subsection (3) insert—

      “(3B) Subject to subsections 3(C) and 3(D) where an ethical standards officer produces a report under this section he shall take reasonable steps to send a copy to any person who is named in the report or who made any allegation which gave rise to the investigation and shall publish the report.

      (3C) If the report contains information whose disclosure is prohibited by section 63 the report shall be released to the person who is the subject of the investigation on terms that the information subject to section 63 is to be kept confidential by that persons, his solicitors or counsel, and named advisers.

      (3D) If the report contains information whose disclosure is prohibited by section 63, the report which is sent to any person under subsection (3B) (other than the person who is the subject of the investigation) and is publish shall be in a redacted form.”.’.

Alistair Burt
Mr Robert Syms
Michael Fabricant
Robert Neill
Mr David Burrowes
Mr Philip Dunne

159

Clause 139, page 99, line 25, at end insert—

      ‘(8A) After subsection (5) insert—

      “(5A) Subject to subsection (5B) where an ethical standards officer produces a report under this section he shall take reasonable steps to send to copy to any person who is named in the report (other than the person who is the subject of the investigation) or who made any allegation which gave rise to the investigation and shall publish the report.

      (5B) If the report contains information whose disclosure is prohibited by section 63, the report which is sent to any person under subsection (5A) and is publish shall be in a redacted form.”.’.

Alistair Burt
Mr Robert Syms
Michael Fabricant
Robert Neill
Mr David Burrowes
Mr Philip Dunne

160

Clause 139, page 99, line 32, at end add—

      ‘(11) After section 71(3) of that Act (reports etc) insert—

      “(3A) Subject to subsections (3B) and (3C) where the Public Services Ombudsman for Wales produces a report under this section he shall take reasonable steps to send a copy to any person who is named in the report or who made any allegation which gave rise to the investigation and shall publish the report.

      (3B) If the report contains information whose disclosure is prohibited by section 63 the report shall be released to the person who is the subject of the investigation on terms that the information subject to section 63 is to be kept confidential by that person, his solicitors or counsel, and named advisers.

      (3C) If the report contains information whose disclosure is prohibited by section 63, the report which is sent to any person under subsection (3B) (other than the person who is the subject of the investigation) and is published shall be in a redacted form.”.

      (12) After section 72(5) insert—

      “(5A) Subject to subsection (5B) where the Public Services Ombudsman for Wales produces a report under this section he shall take reasonable steps to send a copy to any person who is named in the report (other than the person who is the subject of the investigation) or who made any allegation which gave rise to the investigation and shall publish the report.

      (5B) If the report contains information whose disclosure is prohibited by section 63, the report which is sent to any person under subsection (5A0 and is published shall be in a redacted form.”.

      (13) In section 83(1) of that Act (interpretation of Part III) insert after “Police Act 1996”—

      “redacted form” means a version where confidential information has been removed and replaced by a non-confidential explanation of the removed material;’.


Alistair Burt
Mr Robert Syms
Michael Fabricant
Robert Neill
Mr David Burrowes
Mr Philip Dunne

161

Clause 140, page 99, leave out lines 36 to 40.

Alistair Burt
Mr Robert Syms
Michael Fabricant
Robert Neill
Mr David Burrowes
Mr Philip Dunne

162

Clause 140, page 100, line 2, after ‘report’, insert ‘and the ethical standards officer has also produced the report in a redacted form’.

Alistair Burt
Mr Robert Syms
Michael Fabricant
Robert Neill
Mr David Burrowes
Mr Philip Dunne

177

Clause 140, page 100, line 2, leave out ‘it’ and insert ‘the unredacted report’.


Mr Phil Woolas

191

Clause 141, page 100, line 26, leave out ‘and (3)’ and insert ‘, (1A) and (3) to (5)’.


Mr Phil Woolas

192

Clause 143, page 101, leave out lines 32 and 33 and insert—

      ‘(2) In section 67 of that Act (consultation with ombudsmen), in each of subsections (2) and (2A)—’.


Mr Phil Woolas

193

Clause 149, page 107, line 24, at end insert—

      ‘( ) A standards committee must when determining for the purposes of subsection (3) or (4) whether or not the duties of a post fall within section 2(3) have regard to any general advice given by the Secretary of State under section 3B.’.

Mr Phil Woolas

194

Clause 149, page 108, line 5, at end insert—

    3B General advice as to politically restricted posts: England

      (1) The Secretary of State may in relation to England give such general advice with respect to the determination of questions arising by virtue of section 2(3) as he considers appropriate.

      (2) Before giving general advice under this section the Secretary of State must consult such representatives of local government and such organisations appearing to him to represent employees in local government as he considers appropriate.”’.


Andrew Stunell
Tom Brake
Dr John Pugh

125

Clause 151, page 108, line 23, leave out ‘abolished’ and insert ‘to be amalgamated such that each new tribunal exercises jurisdiction over cases arising within each Government Standard Economic Region.’.


Andrew Stunell
Tom Brake
Dr John Pugh

224

8 Clause 153, page 109, line 23, at end insert—

      ‘(1A) The contractual arrangement made under subsection (1) shall provide for the inclusion of those serving on any Public and Patient Involvement Forums within the area on 31st December 2006.’.

Andrew Stunell
Tom Brake
Dr John Pugh

225

8 Clause 153, page 109, line 26, after ‘provision’, insert ‘reconfiguration’.

Alistair Burt
Mr Robert Syms
Michael Fabricant
Robert Neill
Mr David Burrowes
Mr Philip Dunne

196

Clause 153, page 109, line 26, at end insert—

        ‘(aa) monitoring the quality of the delivery of care services;’.

Andrew Stunell
Tom Brake
Dr John Pugh

226

8 Clause 153, page 109, line 28, after ‘of’, insert ‘access to’.

Alistair Burt
Mr Robert Syms
Michael Fabricant
Robert Neill
Mr David Burrowes
Mr Philip Dunne

197

Clause 153, page 109, line 34, at end insert ‘and to patients and the public’.

Andrew Stunell
Tom Brake
Dr John Pugh

227

8 Clause 153, page 109, line 34, at end insert—

        ‘(d) notifying relevant transport bodies of any problems or improvements in access to care services.’.

Alistair Burt
Mr Robert Syms
Michael Fabricant
Robert Neill
Mr David Burrowes
Mr Philip Dunne

198

Clause 153, page 109, line 35, leave out subsection (3).

Patrick Hall

182

Clause 153, page 109, line 36, leave out ‘or omitting any of’.

Patrick Hall

180

Clause 153, page 109, line 39, at end insert—

      ‘(4A) The Secretary of State shall make payments to each local authority that are in the opinion of the Secretary of State sufficient to cover the costs incurred by that local authority in making contractual arrangements specified under subsection (1).

      (4B) Nothing in this section shall prevent a local authority making contractual arrangements under subsection (1) so as to ensure that the activities specified in subsection (2) are carried on to a greater extent than would be the case if the arrangements were to cost no more than the payments made available under subsection (4A).

      (4C) The Secretary of State must send to the Comptroller and Auditor General within sixty days after the end of the financial year a statement showing the payments made to each local authority under subsection (4A) and the costs incurred by each local authority in making contractual arrangements under subsection (1).

      (4D) The Comptroller and Auditor General must examine, certify and report on the statement provided by the Secretary of State under subsection (4C) and must lay copies of the statement and of his report before Parliament.’.


Alistair Burt
Mr Robert Syms
Michael Fabricant
Robert Neill
Mr David Burrowes
Mr Philip Dunne

199

Clause 154, page 110, line 15, at end insert—

      ‘(2A) A local involvement network must consist of—

        (a) individual members;

        (b) representatives of organisations; and

        (c) mechanisms for participation of individuals in A’s area who are not members.’.

Alistair Burt
Mr Robert Syms
Michael Fabricant
Robert Neill
Mr David Burrowes
Mr Philip Dunne

201

Clause 154, page 110, line 17, at end insert ‘and who does not commission or provide local care services’.

Patrick Hall

183

Clause 154, page 110, line 17, at end insert—

      ‘( ) In making arrangements, A may select as H either the National Health Involvement Network or such other person who in the opinion of A is able to deliver such an arrangement under section 153(1) so that it meets the general duty as set out in section 3 of the Local Government Act 1999.’.

Alistair Burt
Mr Robert Syms
Michael Fabricant
Robert Neill
Mr David Burrowes
Mr Philip Dunne

200

Clause 154, page 110, line 17, at end insert—

      ‘(3A) In making the arrangements, H must invite all members of patients’ forums in A’s area to become individual members of the local involvement network.’.

Andrew Stunell
Tom Brake
Dr John Pugh

228

8 Clause 154, page 110, line 26, at end insert—

        ‘(h) any organisation providing local care services.’.

Patrick Hall

184

Clause 154, page 110, line 27, at end insert—

      ‘( ) The arrangements must provide that a local involvement network is provided with the staff, premises and resources that are necessary in the opinion of A for the local involvement network to carry on in A’s area activities specified in section 153(2).’.

Andrew Stunell
Tom Brake
Dr John Pugh

229

8 Clause 154, page 110, line 29, at end insert—

      ‘(7) No chair of an organisation listed under subsections (4)(d) to (4)(h) shall also be a leader of a Local Involvement Network.’.


Alistair Burt
Mr Robert Syms
Michael Fabricant
Robert Neill
Mr David Burrowes
Mr Philip Dunne

202

Clause 155, page 111, line 2, at end insert—

        ‘(f) any other organisation contracted to provide care services.’.

Andrew Stunell
Tom Brake
Dr John Pugh

230

8 Clause 155, page 111, line 2, at end insert—

        ‘(f) any care provider commissioned to deliver local services.’.


Patrick Hall

219

Clause 156, page 111, line 9, leave out ‘may’ and insert ‘shall’.

Andrew Stunell
Tom Brake
Dr John Pugh

231

8 Clause 156, page 111, line 10, after first ‘a’, insert ‘locally funded’.

Andrew Stunell
Tom Brake
Dr John Pugh

232

8 Clause 156, page 112, line 10, at end insert—

        ‘(f) any care provider commissioned to deliver local services.’.

Alistair Burt
Mr Robert Syms
Michael Fabricant
Robert Neill
Mr David Burrowes
Mr Philip Dunne

203

Clause 156, page 111, line 11, leave out ‘view’ and insert ‘inspect’.

Patrick Hall

220

Clause 156, page 111, leave out lines 15 to 19.

Patrick Hall

221

Clause 156, page 111, leave out lines 22 to 38.

Alistair Burt
Mr Robert Syms
Michael Fabricant
Robert Neill
Mr David Burrowes
Mr Philip Dunne

204

Clause 156, page 112, line 10, at end insert—

        ‘(f) any other organisation contracted to provide care services.’.


Alistair Burt
Mr Robert Syms
Michael Fabricant
Robert Neill
Mr David Burrowes
Mr Philip Dunne

205

Clause 157, page 112, line 13, leave out ‘social’.


Mr Phil Woolas

135

Clause 159, page 114, line 33, leave out from ‘council’ to ‘county’ in line 34 and insert ‘in England, other than a council for a district in a county for which there is a’.


Alistair Burt
Mr Robert Syms
Michael Fabricant
Robert Neill
Mr David Burrowes
Mr Philip Dunne

206

Clause 163, page 117, line 4, at end insert—

        ‘(e) any other organisation contracted to provide care services;’.

 
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