89

House of Commons

Tuesday 8th January 2008

Public Bill Committee

New Amendments handed in are marked thus

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

Health and Social Care Bill

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Note

The Amendments have been arranged in accordance with the Resolution of the

Programming Sub-Committee [10th December 2007].

Resolution of the Programming Sub-Committee

The Programming Sub-Committee appointed by the Speaker in respect of the Bill

agreed the following Resolution at its meeting on Monday 7th January 2008 (Standing

Order No. 83C):

That—

(1)	the Committee shall (in addition to its first meeting at 10.30 a.m. on Tuesday

8th January) meet—

(a)	at 4.00 p.m. on Tuesday 8th January;

(b)	at 9.00 a.m. and 1.00 p.m. on Thursday 10th January;

(c)	at 10.30 a.m. and 4.00 p.m. on Tuesday 15th January;

(d)	at 9.00 a.m. and 1.00 p.m. on Thursday 17th January;

(e)	at 10.30 a.m. and 4.00 p.m. on Tuesday 22nd January;

(f)	at 9.00 a.m. and 1.00 p.m. on Thursday 24th January;

(2)	the Committee shall hear oral evidence in accordance with the following

table:

TABLE

	Date	Time	Witness
	Tuesday 8th January	Until no later than 12.30 p.m.	Commission for Healthcare Audit
			and Inspection; Commission for
			Social Care Inspection; Mental
			Health Act Commission
	Tuesday 8th January	Until no later than 1.00 p.m.	Health Protection Agency
	Tuesday 8th January	Until no later than 4.40 p.m.	Lady Justice Smith
	Tuesday 8th January	Until no later than 5.20 p.m.	General Medical Council
	Tuesday 8th January	Until no later than 6.00 p.m.	British Medical Association
	Tuesday 8th January	Until no later than 6.30 p.m.	‘Which?’
	Tuesday 8th January	Until no later than 7.00 p.m.	Local Government Association
	Thursday 10th January	Until no later than 9.30 a.m.	National Childbirth Trust
	Thursday 10th January	Until no later than 10.25 a.m.	Department of Health

Public Bill Committee: 8th January 2008

90

Health and Social Care Bill, continued

(3)	proceedings on consideration of the Bill in Committee shall be taken in the

following order: Clause 1; Schedule 1; Clauses 2 and 3; Schedule 2; Clauses

4 to 48; Schedule 3; Clauses 49 to 62; Schedule 4; Clauses 63 to 89; Schedule

5; Clauses 90 and 91; Schedule 6; Clause 92; Schedule 7; Clauses 93 to 103;

Schedule 8; Clauses 104 to 114; Schedule 9; Clauses 115 to 117; Schedule

10; Clauses 118 to 120; Schedule 11; Clauses 121 to 130; Schedule 12;

Clauses 131 to 135; Schedule 13; Clauses 136 to 148; Schedule 14; Clauses

149 to 154; Schedule 15; Clauses 155 to 161; new Clauses; new Schedules;

remaining proceedings on the Bill;

(4)	the proceedings shall (so far as not previously concluded) be brought to a

conclusion at 7.00 p.m. on Thursday 24th January.

Mr Ben Bradshaw has given notice of his intention to move a motion in the terms of the

Resolution of the Programming Sub-Committee [Standing Order No. 83C]

Mr Ben Bradshaw

To move, That, subject to the discretion of the Chairman, any written evidence received

by the Committee shall be reported to the House for publication.

Mr Ben Bradshaw

To move, That, at this and any subsequent meeting at which oral evidence is to be

heard, the Committee shall sit in private until the witnesses are admitted.

Public Bill Committee: 8th January 2008

91

Health and Social Care Bill, continued

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

1

Clause  1,  page  1,  line  9,  after ‘dissolved’, insert ‘with the totality of their quality

inspection functions and duties passing to the Care Quality Commission’.

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

158

Schedule  1,  page  107,  leave out lines 22 to 24 and insert—

‘3  (1)

The Secretary of State shall appoint not fewer than 5 or more than 9 individuals

as members of the Commission (to be known as Care Commissioners).

(1A)	In appointing Care Commissioners the Secretary of State shall appoint an

individual only if the Secretary of State thinks that the individual—

(a)	has experience or knowledge relating to matters in respect of which

the Commission has functions, or

(b)	has experience or knowledge relating to matters in respect of human

rights, or

(c)	has experience or knowledge as a user of services relating to matters

in respect of which the Commission has functions, or

(d)	has experience or knowledge as a carer of a user or users of services

relating to matters in respect of which the Commission has functions,

or

(e)	is suitable for appointment for some other reason.

(1B)	In appointing Care Commissioners the Secretary of State shall have regard to

the desirability of—

(a)	the Commission having collective experience and knowledge relating

to all of the Commission’s functions, and

(b)	the Commission acting as a collective, unified body.

(1C)	The Secretary of State shall appoint a Chair of the Commission.

(1D)	Before appointing any person to the position of Chair the Secretary of State

shall first seek the approval of the Health Committee of the House of

Commons.’.

Sandra Gidley

Greg Mulholland

131

Schedule  1,  page  107,  line  23,  after ‘State’, insert—

‘(aa)

a Deputy Chair so appointed with particular responsibility for human

rights’.

Public Bill Committee: 8th January 2008

92

Health and Social Care Bill, continued

Sandra Gidley

Greg Mulholland

132

Schedule  1,  page  108,  line  27,  at end insert—

‘()	The Commission must insert a human rights director who is to be an employee

of the Commission.’.

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

159

Schedule  1,  page  108,  line  27,  at end insert ‘and who shall act as the head of paid

service.

(1A)	The Commission must appoint a director of adult social care, who is be an

employee of the Commission.

(1B)	The Commission must appoint a director of health care, who is to be an employee

of the Commission.

(1C)	The Commission must appoint a director of mental health, who is to be an

employee of the Commission.’.

Sandra Gidley

Greg Mulholland

133

Schedule  1,  page  109,  line  2,  at end insert—

‘( )	The Commission must appoint a human rights committee.’.

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

160

Schedule  1,  page  109,  line  2,  at end insert—

‘(3A)

The Commission shall appoint—

(a)	an adult social care committee,

(b)	a healthcare committee,

(c)	a mental health committee,

(d)	a human rights committee.

(3B)	The advisory committee and any committee or subcommittee appointed under

subparagraph (3A) may consist of or include persons who are not members of the

Commission.

(3C)	The chair of each committee established in accordance with subparagraph (3B)

must be members of the Commission.

(3D)	The other members of each committee so established may include persons who

are not members of the Commission.’.

Public Bill Committee: 8th January 2008

93

Health and Social Care Bill, continued

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

156

Clause  2,  page  2,  line  1,  at end insert—

‘( )	The Commission has the general function of encouraging improvement in the

provision of health care by and for NHS bodies and in the provision of adult social

care in England.’.

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

2

Clause  2,  page  2,  line  8,  after ‘public’, insert ‘, individual Local Involvement

Networks and a cooperative group or groups of Local Involvement Networks,’.

Sandra Gidley

Greg Mulholland

130

Clause  2,  page  2,  line  14,  at end insert—

‘( )	the need to observe the human rights of those accessing adult social care

and health services.’.

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

157

Clause  2,  page  2,  line  16,  after ‘and’, insert ‘adults, and in particular’.

Sandra Gidley

Greg Mulholland

79

Clause  2,  page  2,  line  20,  at end insert—

‘(g)	the need to ensure that decisions regarding the degree of risk to service

users and the prioritisation of regulatory action protect and promote

respect for human rights in accordance with the European Convention on

Human Rights.’.

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

92

Clause  2,  page  2,  line  20,  at end insert—

Public Bill Committee: 8th January 2008

94

Health and Social Care Bill, continued

‘(g)	the need to promote co-operation between the Commission, the Health

and Safety Executive, the Food Standards Agency, police forces and

other bodies authorised to enter and inspect registered premises,

including local authorities.’.

Sandra Gidley

Greg Mulholland

128

Clause  2,  page  2,  line  20,  at end insert—

‘(3A)

In determining the views expressed by members of the public the Commission

shall have aduty to undertake consultation with such bodies and individuals as the

Secretary of State my by regulation specify.’.

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

3

Clause  2,  page  2,  line  21,  at beginning insert ‘without prejudice to the activity and

independence of the Commission’.

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

4

Clause  2,  page  2,  line  22,  leave out ‘direct’ and insert ‘advise’.

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

5

Clause  2,  page  2,  line  22,  at end insert—

‘(4A)

The Commission shall not be bound by advice given under subsection (4).’.

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

6

Clause  2,  page  2,  line  28,  leave out paragraph (c).

Mr Stephen O’Brien

77

Clause  2,  page  2,  line  29,  at end add—

Public Bill Committee: 8th January 2008

95

Health and Social Care Bill, continued

‘(6)	Where, in the course of performing its functions, the Commission becomes aware

of substantial risks to the dignity, rights or welfare of any individual affected by

the failure of a service to comply with regulations, the Commission shall ensure

that any necessary action is taken to safeguard that individual, and to support

them in taking action to safeguard their own dignity, rights and welfare.’.

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

134

Clause  2,  page  2,  line  29,  at end add—

‘( )	For the purposes of this Act, “local involvement network” has the meaning given

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

2007 (c. 28).’.

Kelvin Hopkins

Sandra Gidley

Norman Lamb

Greg Mulholland

81

Clause  5,  page  3,  line  12,  at end insert ‘and section [Application of Human Rights

Act 1998]’.

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

7

Clause  5,  page  3,  line  16,  at end insert ‘including all forms of cosmetic surgery’.

As an Amendment to Mr Stephen O’Brien’s proposed Amendment (No. 7):—

Sandra Gidley

Greg Mulholland

(a)

Line  1,  at end insert ‘and treatments’.

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

90

Clause  5,  page  3,  line  16,  at end insert ‘ and needs assessments for care and health-

related assessments of ability to work.’.

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Revised 8 January 2008