House of Commons Amendments

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

1

House of Commons

Notices of Amendments

given on

Monday 8 June 2009

Public Bill Committee

Health Bill [Lords]

Mr Stephen O’Brien

Mike Penning

1

Clause  1,  page  1,  line  7,  leave out ‘the’ and insert ‘any’.

Mr Stephen O’Brien

Mike Penning

2

Clause  1,  page  1,  line  8,  leave out from ‘State’ to end and insert ‘and approved by

each House of Parliament’.

Mr Stephen O’Brien

Mike Penning

3

Clause  2,  page  1,  line  16,  after ‘Constitution’, insert ‘, Handbook, and Statement of

Accountability’.

Mr Stephen O’Brien

Mike Penning

4

Clause  2,  page  1,  line  16,  after ‘to’, insert ‘the core principles of the NHS listed in

subsection (3) and’.

Mr Stephen O’Brien

Mike Penning

5

Clause  2,  page  2,  line  8,  at end insert—

‘(3)
The core principles of the NHS are that—

(a)
the NHS will provide a universal service for all based on clinical need,

not ability to pay,

(b)
the NHS will provide a comprehensive range of services,

Notices of Amendments: 8 June 2009
2

Health Bill [Lords] continued

(c)
the NHS will shape its services around the needs and preferences of

individual patients, their families and their carers,

(d)
the NHS will respond to different needs of different populations,

(e)
the NHS will work continuously to improve quality services and to

minimise errors,

(f)
the NHS will support and value its staff,

(g)
public funds for healthcare will be devoted solely to NHS patients,

(h)
the NHS will work together with others to ensure a seamless service for

patients,

(i)
the NHS will help keep people healthy and work to reduce health

inequalities,

(j)
the NHS will respect the confidentiality of individual patients and

provide open access to information about services, treatment and

performance.’.

Mr Stephen O’Brien

Mike Penning

6

Clause  2,  page  2,  line  8,  at end insert—

‘(3)
The core principles of the NHS are that—

(a)
the NHS provides a comprehensive service, available to all,

(b)
access to NHS services is based on clinical need, not an individual’s

ability to pay,

(c)
the NHS aspires to the highest standards of excellence and

professionalism,

(d)
NHS services must reflect the needs and preferences of patients, their

families and their carers,

(e)
the NHS works across organisational boundaries and in partnership with

other organisations in the interest of patients, local communities and the

wider population.

(f)
the NHS is committed to providing best value for taxpayers’ money and

the most effective, fair and sustainable use of finite resources,

(g)
the NHS is accountable to the public, communities and patients that it

serves.’.

Mr Stephen O’Brien

Mike Penning

7

Clause  2,  page  2,  line  2,  at end insert—

‘(a)
the NHS board’.

Mr Stephen O’Brien

Mike Penning

8

Clause  2,  page  2,  line  8,  at end insert—

‘(h)
the National Institute for Health and Clinical Excellence’.

Mr Stephen O’Brien

Mike Penning

9

Clause  2,  page  2,  line  41,  after ‘service’, insert ‘paid for out of public funds and’.

Notices of Amendments: 8 June 2009
3

Health Bill [Lords] continued

Mr Stephen O’Brien

Mike Penning

10

Clause  2,  page  2,  line  25,  at end insert—

‘(6)
Each person who is sub-contracted by persons in sub-contracting arrangements

under section (5) must, in delivering that contract, have regard to the NHS

Constitution.’.

Mr Stephen O’Brien

Mike Penning

11

Clause  3,  page  3,  line  3,  at end insert—

‘(2)
The Constitution must be revised whenever its constituent parts cease to be

consistent with legislation.’.

Mr Stephen O’Brien

Mike Penning

12

Clause  3,  page  3,  line  14,  at end insert—

‘(g)
Local Involvement Networks.’.

Mr Stephen O’Brien

Mike Penning

13

Clause  3,  page  3,  line  24,  after ‘NHS’, insert ‘or social care’.

Mr Stephen O’Brien

Mike Penning

14

Clause  6,  page  4,  line  27,  leave out ‘5 July 2012’ and insert ‘31 March 2010’.

Mr Stephen O’Brien

Mike Penning

15

Clause  11,  page  8,  line  5,  at end insert—

‘(g)
as to circumstances in which the patient might pay a carer with a direct

payment,’.

Mr Stephen O’Brien

Mike Penning

16

Clause  11,  page  8,  line  29,  after ‘Trust’, insert ‘and may also provide for an appeals

process’.

Notices of Amendments: 8 June 2009
4

Health Bill [Lords] continued

Mr Stephen O’Brien

Mike Penning

17

Clause  11,  page  9,  line  42,  leave out ‘Secretary of State’ and insert ‘patient’.

Mr Stephen O’Brien

Mike Penning

18

Clause  14,  page  10,  line  37,  at end insert—

‘(a)
work in any field relevant to the NHS;

(b)
work conducted by any individual, group(s) or organisation(s) employed

by the NHS or affiliated to it’.

Mr Stephen O’Brien

Mike Penning

19

Clause  14,  page  11,  line  3,  at end insert—

‘(4)
The committee shall advise on—

(a)
the selection of candidates for innovation prizes;

(b)
the payment awarded to each prize winner.’.

Mr Stephen O’Brien

Mike Penning

20

Clause  14,  page  11,  line  3,  at end insert—

‘( )
The Secretary of State and his appointed committee may not determine the field,

discipline or sector in which candidates for innovation prizes must develop their

innovations.’.

Mr Stephen O’Brien

Mike Penning

21

Clause  19,  page  23,  line  15,  at end insert—

‘(1)
The Secretary of State may issue guidance on the suspension of NHS and other

health appointments. These may include—

(a)
details of appeals processes for suspended appointees; and

(b)
details of parliamentary accountability.’.

Mr Stephen O’Brien

Mike Penning

22

Schedule  3,  page  42,  line  13,  after Ministers’, insert ‘after consultation’.

Mr Stephen O’Brien

Mike Penning

23

Schedule  3,  page  43,  line  9,  at end insert—

‘(9)
The Secretary of State may by regulations make provision for compensation if the

suspension is revoked under section 8(a).’.

Notices of Amendments: 8 June 2009
5

Health Bill [Lords] continued

Mr Stephen O’Brien

Mike Penning

24

Schedule  3,  page  44,  line  42,  at end insert—

    ‘(9)
The Secretary of State may by regulations make provision for compensation if

the suspension is revoked under section 7(a).’.

Mr Stephen O’Brien

Mike Penning

25

Schedule  3,  page  44,  line  42,  at end insert—

    ‘(9)
Where a person is suspended under paragraph 5(5)(c), the Secretary of State

shall make a statement to Parliament.’.

Mr Stephen O’Brien

Mike Penning

26

Schedule  3,  page  47,  line  19,  at end insert—

‘(c)
make provision about the appointment of new non-executives, and of

one as vice-chairman in the event that all non-executives are

suspended.’.

Mr Stephen O’Brien

Mike Penning

27

Schedule  3,  page  47,  leave out lines 14 to 16 and insert ‘the Commission must have

regard to the Secretary of State’s advice regarding the appointment of the vice-chairman’.

Mr Stephen O’Brien

Mike Penning

28

Schedule  3,  page  47,  line  22,  leave out ‘for paragraph 9(d) substitute’ and insert ‘at

end of paragraph 9(d) insert’.

Mr Stephen O’Brien

Mike Penning

29

Schedule  3,  page  47,  line  26,  leave out ‘for paragraph 5(d) substitute’ and insert ‘at

end of paragraph 5(d) insert’.

Mr Stephen O’Brien

Mike Penning

30

Schedule  3,  page  47,  line  35,  at end insert—

    ‘(3)
Where a person is suspended under paragraph 2(2)(c), the Secretary of State

shall make a statement to Parliament.’.

Mr Stephen O’Brien

Mike Penning

31

Schedule  3,  page  48,  line  10,  leave out from ‘so’ to the end of line 12.

Notices of Amendments: 8 June 2009
6

Health Bill [Lords] continued

Mr Stephen O’Brien

Mike Penning

32

Schedule  3,  page  49,  line  35,  after ‘appointed’, insert ‘and an offence committed’.

Mr Stephen O’Brien

Mike Penning

33

Clause  25,  page  28,  line  16,  at end insert—

‘(e)
requiring the Secretary of State to implement pilot schemes for primary

care trusts in carrying out pharmaceutical needs assessments before they

are rolled out nationally; and for those pilot schemes to be evaluated 12

months after they commence.’.

Mr Stephen O’Brien

Mike Penning

34

Clause  25,  page  28,  line  6,  after ‘area’, insert ‘including an assessment of local

needs for the services of dispensing doctors.’.

Mr Stephen O’Brien

Mike Penning

35

Clause  25,  page  28,  line  9,  at end insert—

‘(a)
placing a duty on primary care trusts to consult patients, Local

Involvement Networks and members of the public on local needs for

pharmaceutical services.’.

Mr Stephen O’Brien

Mike Penning

36

Clause  26,  page  29,  line  5,  at end insert—

‘(b)
the terms by which an applicant to the pharmaceutical list is deemed to

be compliant with the adoption of a computer system accredited with the

Electronic Prescription Service.’.

Mr Stephen O’Brien

Mike Penning

37

Clause  26,  page  29,  line  8,  at end insert ‘including the impact that granting an

appliction would have on existing services.’.

Mr Stephen O’Brien

Mike Penning

38

Clause  30,  page  31,  line  22,  at end insert—

‘(2)
At the end of paragraph 13 of Schedule 1 of the National Health Service (Wales)

Act 2006 (c.42) insert—

“(14)
The Welsh Ministers must ensure that residents of England registered

with Welsh General Practices receive the same access to pharmaceutical

services as residents of England registered with English General

Practices.

Notices of Amendments: 8 June 2009
7

Health Bill [Lords] continued

(15)
The Secretary of State may issue guidance on the representation of

English residents registered with Welsh General Practices by Members

of Parliament to Welsh Ministers.’.

Mr Stephen O’Brien

Mike Penning

39

Clause  33,  page  32,  line  27,  leave out ‘adult’.

Mr Stephen O’Brien

Mike Penning

40

Clause  33,  page  32,  line  32,  leave out ‘adult’.

Mr Stephen O’Brien

Mike Penning

41

Schedule  5,  page  53,  line  12,  leave out ‘adult’.

Mr Stephen O’Brien

Mike Penning

42

Schedule  5,  page  53,  line  14,  leave out ‘adult’.

Mr Stephen O’Brien

Mike Penning

43

Schedule  5,  page  53,  line  16,  leave out ‘adult’.

Mr Stephen O’Brien

Mike Penning

44

Schedule  5,  page  53,  line  19,  leave out ‘adult’.

Mr Stephen O’Brien

Mike Penning

45

Schedule  5,  page  53,  line  21,  leave out ‘adult’.

Mr Stephen O’Brien

Mike Penning

46

Schedule  5,  page  53,  line  25,  leave out ‘adult’.

Mr Stephen O’Brien

Mike Penning

47

Schedule  5,  page  53,  line  30,  leave out ‘adult’.

Mr Stephen O’Brien

Mike Penning

48

Schedule  5,  page  53,  line  32,  leave out ‘adult’.