House of Commons Public Bill Committee Proceedings

House of Commons

Session 2007 - 08
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Other Bills before Parliament

151

House of Commons

Monday 18th February 2008

Report Stage Proceedings

Health and Social Care Bill, As Amended

New Clauses

Certain regulated activities to be functions of a public nature

Mr Andrew Dismore

Dr Evan Harris

Withdrawn  NC1

To move the following Clause:—

‘A regulated activity under this Part shall be deemed to be a function of a public

nature for the purposes of section 6 of the Human Rights Act 1998 (c. 42) where

it is performed wholly or partly at public expense and pursuant to statutory

powers.’.

Human rights framework for Commission

Mr Andrew Dismore

Dr Evan Harris

Not called  NC2

To move the following Clause:—

‘The protection and promotion of human rights shall be central to the

performance of the functions of the Commission.’.

Handling and consideration of complaints by the Care Quality Commission

Mr Andrew Dismore

Dr Evan Harris

Not selected  NC3

To move the following Clause:—

Report Stage Proceedings: 18th February 2008
152

Health and Social Care Bill, continued

‘(1)
Where a complainant is not satisfied with the conduct or result of an investigation

by a service provider regulated under Part 1, he may request the Care Quality

Commission to consider the complaint in accordance with regulations made

under this section.

(2)
Before making regulations under this section, the Secretary of State must consult

such persons as the Secretary of State considers appropriate.’.

Health and social care standards: content

Mr Andrew Dismore

Dr Evan Harris

Not called  NC4

To move the following Clause:—

‘(1)
Standards set by the Secretary of State under section 41 shall—

(a)
expressly state that all persons for whom health or social care services are

provided are entitled to respect for their rights and that service providers

(registered in accordance with Chapter 2) have a responsibility to respect

such rights;

(b)
require that service providers respect the rights of persons for whom

health and social care services are provided;

(c)
require that service providers provide their staff, whether employed

directly or indirectly, with appropriate education and training in relation

to respecting the rights of service users;

(d)
req uire service providers to specify and publish the procedures for

making a complaint by any person about a regulated activity;

(e)
require service providers to put in place appropriate procedures for

ensuring that any person who is aware of any failure to respect any other

person’s rights in relation to a regulated activity being conducted by that

service provider to report such a failure to a designated person;

(f)
require service providers to ensure that, where any person is being

discharged from a health care service to a social care service regulated

under this Part, the rights of such persons are fully respected; and

(g)
require service providers to disseminate the standards set under this Part

which are applicable to them to users of their services.

(2)
The Secretary of State may prepare and publish statements of standards in

relation to the provision of health care and social care dealing with matters other

than those listed in subsection (1).

(3)
In this section, a “designated person” is a person designated by a provider of

health or social care services to receive and resolve complaints.’.

Report Stage Proceedings: 18th February 2008
153

Health and Social Care Bill, continued

Tobacco Disclosure (publication of market research)

Frank Dobson

Mr Kevin Barron

Not selected  NC5

To move the following Clause:—

‘(1)
A person who in the course of business manufactures or sells a tobacco product

or causes one to be sold or who publishes an advertisement to promote a tobacco

product or causes one to be published shall disclose to the appropriate Minister

information arising from any market research into the manufacture, sale or

advertisement of any tobacco product or products carried out by them or on their

behalf or which is disclosed to them and any policy document related thereto.

(2)
Disclosures to the appropriate Ministers shall take place within one calendar

month of any person described in subsection (1) above receiving such

information.

(3)
Subsections (1) and (2) above shall apply also to any market research in

connection with any service or product of any name, emblem or other feature

which is the same or similar to a name, emblem or other feature which is

connected with a tobacco product.

(4)
The appropriate Minister may make such use as he thinks fit of the information

disclosed and shall publish it within one calendar month of his receiving it, except

in the case of information disclosed under subsection (3) when the appropriate

Minister may at his discretion postpone publication to within one calendar month

of the first anniversary of his receiving it, at the latest.

(5)
Subsections (1), (2), (3) and (4) shall apply to any information held by a person

on the day of Royal Assent covering a period not exceeding the preceding ten

years, as well as information received after Royal Assent.

(6)
Subsections (1), (2), (3), (4) and (5) above shall also apply to the sale or

promotion of tobacco products anywhere in the world.’.

Tobacco Disclosure (publication of scientific research)

Frank Dobson

Mr Kevin Barron

Not selected  NC6

To move the following Clause:—

‘(1)
A person who in the course of business manufactures or sells a tobacco product

or causes one to be sold or who publishes an advertisement to promote a tobacco

product or causes one to be published shall disclose to the appropriate Minister

information arising from scientific research into a tobacco product or products

carried by them or on their behalf or which is disclosed to them and any policy

documents related thereto.

(2)
Disclosure to the appropriate Minister shall take place within one calendar month

of his receiving such information.

(3)
The appropriate Minister shall make such use as he sees fit of the information

disclosed and shall publish it within one calendar month of his receiving it.

(4)
Subsections (1), (2) and (3) shall apply also to any information held by a person

on the day of Royal Assent covering a period not exceeding the ten years

preceding that day as well as information received after Royal Assent.

Report Stage Proceedings: 18th February 2008
154

Health and Social Care Bill, continued

(5)
Subsections (1), (2), (3) and (4) shall apply to the sale or promotion of tobacco

products anywhere in the world.’.

Tobacco Disclosure (enforcement)

Frank Dobson

Mr Kevin Barron

Not selected  NC7

To move the following Clause:—

‘(1)
A person who fails to comply with he provision of this Part shall be guilty of an

offence.

(2)
For the purposes of the trying of offences under this Part—

(a)
any such offence committed in England or Wales may be treated as

having been committed in any place in England or Wales, so that any

magistrates’ court in England or Wales has jurisdiction to try the offence;

and

(b)
any such offence committed in Northern Ireland may be treated as having

been committed in any place in Northern Ireland, so that any magistrates’

court in Northern Ireland has jurisdiction to hear and determine a

complaint charging the offence.’.

Tobacco Disclosure (powers of entry, etc)

Frank Dobson

Mr Kevin Barron

Not selected  NC8

To move the following Clause:—

‘(1)
A duly authorised officer has the right, on producing, if so required, his written

authority—

(a)
at any reasonable hour to enter any premises, other than premises used

only as a private dwelling house, which he considers it is necessary for

him to enter for the purpose of the proper exercise of his function under

this Part.

(b)
to carry out on those premises such inspections and examinations as he

considers necessary for that purpose;

(c)
to require the production of any book, document, data, record (in

whatever form it is held) or product and inspect it, take copies of or

extracts from it, or take possession of it and retain it for as long as he

considers necessary for that purpose;

(d)
to require any person to give him such information, or afford him such

facilities and assistance, as he considers necessary for that purpose.

(2)
A duly authorised officer may make such purchases and secure the provision of

such services, as he considers necessary for the purpose of the proper exercise of

his functions under this Part.

Report Stage Proceedings: 18th February 2008
155

Health and Social Care Bill, continued

(3)
A person is not obliged by subsection (1) to answer any questions or produce any

document which he would be entitled to refuse to answer or to produce—

(a)
in or for the purposes of proceedings in a court in England and Wales

where the question is asked or the document is required by a duly

authorised officer in England and Wales;

(b)
in or for the purposes of proceedings in a court in Northern Ireland, where

the question is asked or the document is required by a duly authorised

officer in Northern Ireland;

(c)
in or for the purposes of proceedings in a court in Scotland, where the

question is asked or the document is required by a duly authorised officer

in Scotland.

(4)
If a justice of the peace (or, in Scotland, a sheriff) is satisfied by any written

information on oath that for the purpose of the proper exercise of the functions

under this Part there are reasonable grounds for entry into any premises, other

than premises used only as a private dwelling hours, and house—

(a)
that admission to the premises has been or is likely to be refused and that

notice of intention to apply for a warrant under this subsection has been

given to the occupier; or

(b)
that an application for admission, or the giving of such notice, would

defeat the object of the entry or that the premises are unoccupied or that

the occupier is temporarily absent and it might defeat the object of entry

to await his return,

the justice may by warrant signed by him, which shall continue in force until the

end of the period of one month beginning with the date on which he signs it,

authorise any duly authorised officer to enter the premises, if need be by force.

(5)
A duly authorised officer entering any premises by virtue of subsection (1) or of

a warrant under subsection (4) may take with him when he enters those premises

such other persons and such equipment, as he considers necessary.

(6)
On leaving any premises which a duly authorised officer is authorised to enter by

a warrant under subsection (4), that officer shall, if the premises are unoccupied

or the occupier is temporarily absent, leave the premises as effectively secured

against trespassers as he found them.

(7)
Where by virtue of subsection (1)(c) a duly authorised officer takes possession of

any item, he shall leave on the premises from which the item was removed a

statement giving particulars of what he has taken and stating that he has taken

possession of it.’.

Tobacco disclosure (obstruction, etc. of officers)

Frank Dobson

Mr Kevin Barron

Not selected  NC9

To move the following Clause:—

‘(1)
A person who—

(a)
intentionally obstructs a duly authorised officer of an enforcement

authority who is acting in the proper exercise of his functions under this

Part; or

(b)
without reasonable cause fails to comply with any requirements made of

him by such an officer who is so acting,

Report Stage Proceedings: 18th February 2008
156

Health and Social Care Bill, continued


is guilty of an offence.

(2)
A person who, in giving any information which is properly required of him by a

duly authorised officer of an enforcement authority, makes a statement which is

false in a material particular is guilty of an offence.

(3)
It is a defence for a person charged with an offence under subsection (2) to

prove—

(a)
that he did not know that the material particular was false; and

(b)
that he had reasonable grounds to believe that it was true.’.

Tobacco disclosure (penalties)

Frank Dobson

Mr Kevin Barron

Not selected  NC10

To move the following Clause:—

‘A person guilty of an offence under or by virtue of any other provision of the Part

is liable—

(a)
on summary conviction (or, in Scotland, on conviction under summary

procedure) to imprisonment for a term not exceeding six months, or a fine

not exceeding level 5 on the standard scale, or both; or

(b)
on conviction on indictment (or, in Scotland, on conviction under solemn

procedure) to imprisonment for a term not exceeding 2 years, or a fine,

or both.’.

Tobacco disclosure (offences by bodies corporate and Scottish partnerships)

Frank Dobson

Mr Kevin Barron

Not selected  NC11

To move the following Clause:—

‘(1)
If an offence under any provision of this Part committed by a body corporate is

proved—

(a)
to have been committed with the consent or connivance of an officer, or

(b)
to be attributable to any neglect on his part,


the officer as well as the body corporate is guilty of the offence and liable to be

proceeded against and punished accordingly.

(2)
In subsection (1) “officer”, in relation to a body corporate, means a director,

manager, secretary or other similar officer of the body, or person purporting to act

in any such capacity.

(3)
If the affairs of a body corporate are managed by its members, subsection (1)

applies in relation to the acts and defaults of a member in connection with his

functions of management as if he were a director of the body corporate.

(4)
If an offence under any provisions of this Part committed by a partnership in

Scotland is proved—

Report Stage Proceedings: 18th February 2008
157

Health and Social Care Bill, continued

(a)
to have been committed with the consent or connivance of a partner, or

(b)
to be attributable to any neglect on his part,


the partner as well as the partnership is guilty of the offence and liable to be

proceeded against and punished accordingly.

(5)
In subsection (4) “partner” includes a person purporting to act as a partner.’.

Tobacco disclosure (expenses)

Frank Dobson

Mr Kevin Barron

Not selected  NC12

To move the following Clause:—

‘There shall be paid out of money provided by Parliament any expenses of the

Secretary of State under this Act.’.

Tobacco disclosure (interpretation)

Frank Dobson

Mr Kevin Barron

Not selected  NC13

To move the following Clause:—

‘In this Part—

“appropriate Minister” means—

(a)
in relation to England, Wales and Northern Ireland, the Secretary

of State, and

(b)
in relation to Scotland, the Scottish Ministers;

“duly authorised officer” means an officer appointed by the appropriate

Minister.’.

Code of practice relating to malnutrition

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

Negatived on division  NC15

To move the following Clause:—