House of Commons Amendments

House of Commons

Session 2007 - 08
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Other Bills before Parliament

Public Bill Committee: 22nd January 2008
388

Health and Social Care Bill, continued

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.

(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.’.

Public Bill Committee: 22nd January 2008
389

Health and Social Care Bill, continued

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.’.

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.’.

Public Bill Committee: 22nd January 2008
390

Health and Social Care Bill, continued

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.’.

Failings by English NHS bodies

Sandra Gidley

Greg Mulholland

nc15

To move the following Clause:—

‘(1)
Following a review under section 42 or 45, or a review or investigation under

Section 44, the Commission must inform the Secretary of State if it considers

that—

(a)
there are significant failings in relation to the provision of health care by

or pursuant to arrangements made by an English NHS body,

(b)
there are significant failings in the running of an English NHS body, or

(c)
there are significant failings in the running of a body, or the practice of

an individual, providing healthcare pursuant to arrangements made by an

English NHS body.

(2)
The commission may also recommend to the Secretary of State that, with a view

to remedying those failings, the Secretary of State take special measures—

(a)
in a case falling within subsection (1)(a) or (b), in relation to the NHS

body concerned

(b)
in a case falling within (1)(c), in relation to the body or individual

concerned.’.

Minimum guaranteed outcomes

Sandra Gidley

Greg Mulholland

NC17

To move the following Clause:—

‘(1)
The appropriate authority shall by regulations make provision—

(a)
specifying circumstances in which it will be necessary for a local

authority to provide social care support (including any form of practical

assistance and equipment) to a disabled person; and

Public Bill Committee: 22nd January 2008
391

Health and Social Care Bill, continued

(b)
specifying the minimum outcomes each local authority shall secure for

all disabled persons in exercising their duties under social care

enactments.

(2)
Without prejudice to the generality of subsection 1(b), minimum outcomes

prescribed under that subsection shall include—

(a)
ensuring freedom from physical risk;

(b)
ensuring freedom from inhumane or degrading treatment;

(c)
the full enjoyment of the right to personal development and to establish

and maintain family and other social relationships;

(d)
support for participation in the life of the community;

(e)
support to participate in essential social and economic activities, and

(f)
support to access an appropriate range of recreational and cultural

activities.

(3)
In this section—

“appropriate authority” means—

(c)
in relation to England, the Secretary of State,

(d)
in relation to Wales, the Welsh Ministers;

“social care enactments” include—

(i)
Section 2 of the Chronically Sick and Disabled Persons Act 1970

(c. 44).

(ii)
Section 4 of the Disabled Persons (Services, Consultation and

Representation Act 1986 (c. 33).

(iii)
Section 17 of the Children Act 1989 (c. 41).

(iv)
Section 47 of the National Health Service and Community Care

Act 1990 (c. 19).’.

Continuity of social care support

Sandra Gidley

Greg Mulholland

NC18

To move the following Clause:—

‘(1)
This section applies where—

(a)
an English or Welsh local authority (the original authority) has made a

determination of need for care services in respect of a person ordinarily

resident in its area under any of the social care enactments and—

(i)
has arranged or is providing such services or

(ii)
is making payments to such a person in lieu of care services

under section 57 of the Health and Social Care Act 2001 (c. 15)

or section 17A of the Children Act 1989 (c. 41); and

(b)
the person concerned becomes or intends to become ordinarily resident

in a different local authority (the new authority).

(2)
It shall be the duty of the original authority to—

(a)
give notice to the new authority if it becomes aware that a person to

whom it provides care services or direct payments intends to become

ordinarily resident in the new authority’s area; and

Public Bill Committee: 22nd January 2008
392

Health and Social Care Bill, continued

(b)
co-operate with the new authority in making appropriate arrangements

for such a person.

(3)
It shall be the duty of the new authority to provide the person concerned with—

(a)
services of an equivalent type and quantity to those provided by the

original authority or

(b)
direct payments enabling an equivalent type and quantity of support to

that provided by the original authority,

for such transitional period as may be prescribed.

(4)
All arrangements made under subsections (2) and (3) are to be made with the

involvement and consent of the person concerned and must include effective

arrangements to meet any new or different needs of the person concerned.

(5)
For the purposes of this section “social care enactments” includes—

(i)
Section 2 of the Chronically Sick and Disabled Persons Act 1970 (c. 44).

(ii)
Section 4 of the Disabled Persons (Services, Consultation and

Representation) Act 1986 (c. 33).

(iii)
Section 17 of the Children Act 1989 (c. 41).

(iv)
Section 47 of the National Health Service and Community Care Act 1990

(c. 19).

Mr Ben Bradshaw

That certain written evidence already reported to the House be appended to the

proceedings of the Committee.

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: 22nd January 2008
393

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.

Order of the Committee [8th JANUARY 2008]

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

(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;

Public Bill Committee: 22nd January 2008
394

Health and Social Care Bill, continued

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

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

NOTICES WITHDRAWN

The following Notices have been withdrawn:

Sandra Gidley

Greg Mulholland

152

Clause  91,  page  45,  line  36,  at end insert—

‘(c)
Care Standards Act 2000.’.