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| Thursday 10th January 2008 |
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| New Amendments handed in are marked thus  |
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| Other Amendments not tabled within the required notice period are marked thus  |
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| Health and Social Care Bill
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| | The Amendments have been arranged in accordance with the Order of the |
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| | Committee [8th January 2008]. |
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| Clause 1, page 1, line 9, at end insert ‘with the totality of their quality inspection |
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| functions and duties passing to the Care Quality Commission’. |
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| Schedule 1, page 107, leave out lines 22 to 24 and insert— |
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| | ‘3 (1) | The Secretary of State shall appoint not fewer than 5 or more than 9 individuals |
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| | as members of the Commission (to be known as Care Commissioners). |
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| | (1A) | In appointing Care Commissioners the Secretary of State shall appoint an |
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| | individual only if the Secretary of State thinks that the individual— |
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| | (a) | has experience or knowledge relating to matters in respect of which |
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| | the Commission has functions, or |
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| | (b) | has experience or knowledge relating to matters in respect of human |
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| | (c) | has experience or knowledge as a user of services relating to matters |
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| | in respect of which the Commission has functions, or |
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| | (d) | has experience or knowledge as a carer of a user or users of services |
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| | relating to matters in respect of which the Commission has functions, |
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| | (e) | is suitable for appointment for some other reason. |
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| | (1B) | In appointing Care Commissioners the Secretary of State shall have regard to |
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| | (a) | the Commission having collective experience and knowledge relating |
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| | to all of the Commission’s functions, and |
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| | (b) | the Commission acting as a collective, unified body. |
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| | (1C) | The Secretary of State shall appoint a Chair of the Commission. |
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| | (1D) | Before appointing any person to the position of Chair the Secretary of State |
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| | shall first seek the approval of the Health Committee of the House of |
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| Schedule 1, page 107, line 23, after ‘State’, insert— |
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| | ‘(aa) | a Deputy Chair so appointed with particular responsibility for human |
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| Schedule 1, page 108, line 27, at end insert ‘and who shall act as the head of paid |
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| | (1A) | The Commission must appoint a director of adult social care, who is be an |
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| | employee of the Commission. |
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| | (1B) | The Commission must appoint a director of health care, who is to be an employee |
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| | (1C) | The Commission must appoint a director of mental health, who is to be an |
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| | employee of the Commission.’. |
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| Schedule 1, page 108, line 27, at end insert— |
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| | ‘() | The Commission must insert a human rights director who is to be an employee |
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| Schedule 1, page 109, line 2, at end insert— |
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| | ‘( ) | The Commission must appoint a human rights committee.’. |
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| Schedule 1, page 109, line 2, at end insert— |
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| | ‘(3A) | The Commission shall appoint— |
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| | (a) | an adult social care committee, |
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| | (b) | a healthcare committee, |
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| | (c) | a mental health committee, |
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| | (d) | a human rights committee. |
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| | (3B) | The advisory committee and any committee or subcommittee appointed under |
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| | subparagraph (3A) may consist of or include persons who are not members of the |
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| | (3C) | The chair of each committee established in accordance with subparagraph (3B) |
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| | must be members of the Commission. |
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| | (3D) | The other members of each committee so established may include persons who |
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| | are not members of the Commission.’. |
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| Clause 2, page 2, line 1, at end insert— |
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| | ‘( ) | The Commission has the general function of encouraging improvement in the |
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| | provision of health care by and for NHS bodies and in the provision of adult social |
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| Clause 2, page 2, line 8, after ‘public’, insert ‘, individual Local Involvement |
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| Networks and a cooperative group or groups of Local Involvement Networks,’. |
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| Clause 2, page 2, line 14, at end insert— |
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| | ‘( ) | the need to observe the human rights of those accessing adult social care |
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| Clause 2, page 2, line 16, after ‘and’, insert ‘adults, and in particular’. |
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| Clause 2, page 2, line 20, at end insert— |
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| | ‘(g) | the need to ensure that decisions regarding the degree of risk to service |
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| | users and the prioritisation of regulatory action protect and promote |
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| | respect for human rights in accordance with the European Convention on |
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| Clause 2, page 2, line 20, at end insert— |
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| | ‘(g) | the need to promote co-operation between the Commission, the Health |
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| | and Safety Executive, the Food Standards Agency, police forces and |
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| | other bodies authorised to enter and inspect registered premises, |
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| | including local authorities.’. |
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| Clause 2, page 2, line 20, at end insert— |
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| | ‘(3A) | In determining the views expressed by members of the public the Commission |
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| | shall have aduty to undertake consultation with such bodies and individuals as the |
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| | Secretary of State my by regulation specify.’. |
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| Clause 2, page 2, line 21, at beginning insert ‘without prejudice to the activity and |
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| independence of the Commission’. |
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| Clause 2, page 2, line 22, leave out ‘direct’ and insert ‘advise’. |
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| Clause 2, page 2, line 22, at end insert— |
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| | ‘(4A) | The Commission shall not be bound by advice given under subsection (4).’. |
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| Clause 2, page 2, line 28, leave out paragraph (c). |
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| Clause 2, page 2, line 29, at end add— |
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| | ‘(6) | Where, in the course of performing its functions, the Commission becomes aware |
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| | of substantial risks to the dignity, rights or welfare of any individual affected by |
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| | the failure of a service to comply with regulations, the Commission shall ensure |
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| | that any necessary action is taken to safeguard that individual, and to support |
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| | them in taking action to safeguard their own dignity, rights and welfare.’. |
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| Clause 2, page 2, line 29, at end add— |
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| | ‘( ) | For the purposes of this Act, “local involvement network” has the meaning given |
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| | by section 222 of the Local Government and Public Involvement in Health Act |
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| Clause 5, page 3, line 12, at end insert ‘and section [Application of Human Rights |
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| Clause 5, page 3, line 14, after ‘includes’, insert ‘the promotion and protection of |
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| Clause 5, page 3, line 16, at end insert ‘including all forms of cosmetic surgery’. |
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| | As an Amendment to Mr Stephen O’Brien’s proposed Amendment (No. 7):— |
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| Line 1, at end insert ‘and treatments’. |
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| Clause 5, page 3, line 16, at end insert ‘ and needs assessments for care and health- |
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| related assessments of ability to work.’. |
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| Clause 5, page 3, line 16, at end insert— |
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| | ‘(2A) | The Secretary of State shall have a duty to review annually the forms of health |
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| | care to which Part I of this Act applies.’. |
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| Clause 5, page 3, line 17, after ‘of’, insert ‘formal’. |
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| Clause 5, page 3, line 20, at end insert ‘ and all needs assessments for such care.’. |
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| Clause 8, page 4, line 27, at end insert— |
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| | ‘(5A) | In acting under subsection (5) the Commission shall be obliged to publish its |
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| | reasons for any actions it takes.’. |
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| Clause 11, page 5, line 31, at end add— |
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| | ‘(5A) | in acting under subsection (5) the Commission shall be obliged to publish its |
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| | reasons for any actions it takes.’. |
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