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| | Tuesday 15th January 2008 |
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| | Health and Social Care Bill
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| | [Fifth and Sixth Sittings]
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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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| | | Clauses 6 and 7 Agreed to. |
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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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| | | Clauses 9 and 10 Agreed to. |
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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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| | | Clauses 12 and 13 Agreed to. |
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| | Clause 14, page 6, line 34, at end insert— |
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| | | ‘(c) | documented reasonable grounds for taking action have been laid before |
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| | | the board of the Commission.’. |
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| | Clause 15, page 7, line 6, at end insert— |
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| | | ‘(1A) | Except in case A or B, a person taking action under subsection (1) is entitled to |
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| | | (1B) | the Secretary of State shall by regulations establish the amount of compensation |
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| | | to be granted under subsection (1A).’. |
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| | | Negatived on division 151 |
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| | Clause 16, page 7, line 44, at end insert— |
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| | | ‘( ) | Make provision in relation to nutritional standards in relation to regulated |
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| | Clause 16, page 8, line 11, at end insert— |
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| | | ‘(l) | impose requirements as to the need to reduce health inequalities and |
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| | | discrimination on the basis of disability (as defined in Part 1 of the |
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| | | Disability Discrimination Act 1995).’. |
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| | Clause 16, page 8, line 11, at end insert— |
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| | | ‘(l) | impose requirements on registered social care service providers to |
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| | | comply with Codes of Practice issued by the General Social Care Council |
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| | | under section 62(1)(b) of the Care Standards Act 2000.’. |
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| | Clause 16, page 8, line 11, at end insert— |
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| | | ‘(l) | impose requirements as to the registration of the social care workforce.’. |
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| | Clause 16, page 8, leave out line 11 and insert— |
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| | | ‘(k) | Impose requirements as to— |
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| | | (i) | procedures for the handling of complaints and disputes and |
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| | | implementation of recommendations arising from complaints by |
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| | | (ii) | the duty of registered bodies to inform clients about such |
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| | | (iii) | the duty of registered bodies to inform the Commission about |
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| | | complaints made, findings thereon, and action taken at such |
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| | | times and in such a manner as the Secretary of State shall |
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| | Clause 16, page 8, line 21, at end insert— |
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| | | ‘(5A) | The Commission shall be required to report annually to Parliament on the action |
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| | | it has taken in respect of regulations made in accordance with subsection (5).’. |
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| | Clause 16, page 8, line 22, leave out from ‘means’ to end of line 31 and insert ‘such |
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| | infections as the Secretary of State shall by regulation define’. |
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| | | Negatived on division 165 |
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| | Clause 16, page 8, line 31, at end insert— |
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| | | ‘( ) | Regulations made under this section may make provision for the prevention and |
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| | | management of malnutrition and may include such provision as the Secretary of |
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| | | State considers appropriate for the purpose of safeguarding individuals (whether |
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| | | receiving health or social care or otherwise) from the risk, or any increased risk, |
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| | Clause 16, page 8, line 38, leave out from first ‘section’ to ‘consultation’ and insert |
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| | ‘must be taken into account in’. |
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| | Clause 16, page 8, line 39, at end add— |
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| | | ‘(10) | In respect of such cases as the Commission has taken action on the prevention and |
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| | | control of health care associated infections, within the regulations established |
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| | | under subsection (5), the Secretary of State shall be required to make a written |
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| | | statement to Parliament,’. |
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| | [Adjourned till Thursday 17th January at 9.00 a.m. |
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