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| | Thursday 10th January 2008 |
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| | Health and Social Care Bill
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| | [Third and Fourth Sittings]
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| | | The following witnesses gave oral evidence:
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| | | The National Childbirth Trust.
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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 a duty to undertake consultation with such bodies and individuals as |
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| | | the Secretary of State may by regulation specify.’. |
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| | [Adjourned till Tuesday 15th January at 10.30 a.m. |
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