House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Public Bill Committee: 8th January 2008
131

Health and Social Care Bill, continued

(5)
The service user panel shall be comprised of such members as appear to

the Commission to represent the views and interests of patients, service

users and the public.

(6)
The service user panel shall have such functions as determined by the

Commission.

(7)
The functions of the service user panel as determined under subsection

(2) must include contributing to and advising the Commission upon:

(a)
the annual plans of the Commission for inspections, reviews and

special reviews, and inquiries,

(b)
guidance on compliance with registration requirements,

(c)
indicators to measure the compliance of registered organisations

with the registration requirements,

(d)
methodologies for performance measurement, and

(e)
methodologies for inspection.

(8)
The Commission may request the service user panel to help it to

ascertain, from time to time, the opinions and level of satisfaction of

patients, service users and the public with regard to the activities to which

the Commission’s functions relate.

(9)
The service user panel may establish and maintain such arrangements for

consultation with patients and members of the public as agreed with the

Commission as relevant and appropriate to the carrying out of the

functions conferred on it by the Commission.’.

Application of Human Rights Act 1998

Kelvin Hopkins

Sandra Gidley

Norman Lamb

Greg Mulholland

NC3

To move the following Clause:—

‘Any person providing health and social care within the meaning of section 5(2)

and section 5(3) is deemed to be a public authority in relation to the performance

of those functions for the purpose of section 6(3)(b) of the Human Rights Act

1998 (c. 42) (acts of public authorities).’.

Public Bill Committee: 8th January 2008
132

Health and Social Care Bill, continued

Complaints procedure

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

NC4

To move the following Clause:—

‘(1)
In any case where a complainant is not satisfied with the result of an investigation

by an independent provider, he may request the Commission to consider the

complaint.

(2)
On receipt of a complaint under subsection (1) the Commission must assess the

nature and substance of the complaint and decide how it should be handled,

having regard to—

(a)
the views of the complainant;

(b)
the views of the body complained about;

(c)
any other relevant circumstances;

and as soon as reasonably practicable the Commission must notify the

complainant as to its decision.

(3)
The Commission may conduct its investigation in any manner which seems to it

appropriate, may take such advice as appears to it to be required and, having

regard in particular to the views of the complainant and any person who or body

which is the subject of the complaint, may appoint a panel to hear and consider

evidence.

(4)
The Commission may request any person or body to produce such information

and documents as it considers necessary to enable a complaint to be considered

properly.

(5)
Where the Commission investigates a complaint it must, as soon as reasonably

practicable, prepare a written report of its investigation which—

(a)
summarises the nature and substance of the complaint;

(b)
describes the investigation and summarises its conclusions, including

any findings of fact, the Commission’s opinion of those findings and its

reasons for its opinion;

(c)
recommends what action should be taken and by whom to resolve the

complaint; and

(d)
identifies what other action, if any, should be taken and by whom.’.

Independent Complaints Body

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

NC5

To move the following Clause:—

Public Bill Committee: 8th January 2008
133

Health and Social Care Bill, continued

‘(1)
The Commission shall establish and maintain a committee to be known as ‘The

Independent Complaints Body’.

(2)
In any case where a complainant is not satisfied with the result of an investigation

by an independent provider, he may request the Independent Complaints Body to

consider the complaint.

(3)
On receipt of a complaint under subsection (1) the Independent Complaints Body

must assess the nature and substance of the complaint and decide how it should

be handled having regard to—

(a)
the views of the complainant;

(b)
the views of the body complained about; and

(c)
any other relevant circumstances;

and as soon as reasonably practicable the Independent Complaints Body must

notify the complainant as to its decision.

(4)
The Independent Complaints Body may conduct its investigation in any manner

which seems to it appropriate, may take such advice as appears to it to be required

and, having regard in particular to the views of the complainant and any person

who or body which is the subject of the complaint, may appoint a panel to hear

and consider evidence.

(5)
The Independent Complaints Body may request any person or body to produce

such information and documents as it considers necessary to enable a complaint

to be considered properly.

(6)
Where the Independent Complaints Body investigates a complaint it must, as

soon as reasonably practicable, prepare a written report of its investigation

which—

(a)
summarises the nature and substance of the complaint;

(b)
describes the investigation and summarises its conclusions, including

any findings of fact, the Independent Complaints Body’s opinion of those

findings and its reasons for its opinion;

(c)
recommends what action should be taken and by whom to resolve the

complaint; and

(d)
identifies what other action, if any, should be taken and by whom.’.

HealthWatch

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

nc8

To move the following Clause:—

‘(1)
The Commission shall establish and maintain a committee to be known as

“HealthWatch”.

(2)
HealthWatch shall consist of—

(a)
a chairman appointed by the Commission; and

(b)
such other members appointed by the Commission as the Commission

think fit.

Public Bill Committee: 8th January 2008
134

Health and Social Care Bill, continued

(3)
The chairman appointed under subsection 2(a)—

(a)
shall be a non-executive member of the Commission

(b)
but is not to be chairman of the Commission.’.

General duty of HealthWatch

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

nc9

To move the following Clause:—

‘It shall be the duty of HealthWatch to further the interests of patients and the

public in relation to the provision of health services in England.’.

Functions of HealthWatch

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

nc10

To move the following Clause:—

‘(1)
HealthWatch shall make arrangements for ascertaining—

(a)
the state of public opinion about the manner in which health services in

England are provided,

(b)
the views and experiences of patients in relation to the provision of health

services in England; and

(c)
the views and experiences of patients in relation to the handling, by

commissioners and providers of healthcare services, of complaints made

to them by such patients.’.

Public Bill Committee: 8th January 2008
135

Health and Social Care Bill, continued

Local Involvement Networks.

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

nc11

To move the following Clause:—

‘(1)
HealthWatch shall be regarded as an “English network” for the purposes of

section 222 of the Local Government and Public Involvement in Health Act 2007

(c. 28).

(2)
HealthWatch may make such arrangements as it thinks fit for consultation with

Local Involvement Networks.’.

Duty of co-operation with council for healthcare regulatory excellence

Sandra Gidley

Greg Mulholland

NC12


To move the following Clause:—

‘The OHPA shall have a duty to co-ordinate its activities, and share information,

with the Council for Healthcare Regulatory Excellence.’.

Order of the House [26th November 2007]

That the following provisions shall apply to the Health and Social Care Bill:

Committal

1.
The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

2.
Proceedings in the Public Bill Committee shall (so far as not previously

concluded) be brought to a conclusion on Thursday 24th January 2008.

3.
The Public Bill Committee shall have leave to sit twice on the first day on

which it meets.

Consideration and Third Reading

4.
Proceedings on consideration shall (so far as not previously concluded) be

brought to a conclusion one hour before the moment of interruption on the

day on which those proceedings are commenced.

5.
Proceedings on Third Reading shall (so far as not previously concluded) be

brought to a conclusion at the moment of interruption on that day.

6.
Standing Order No. 83B (Programming committees) shall not apply to

proceedings on consideration and Third Reading.

Public Bill Committee: 8th January 2008
136

Health and Social Care Bill, continued

Other proceedings

7.
Any other proceedings on the Bill (including any proceedings on

consideration of Lords Amendments or on any further messages from the

Lords) may be programmed.