Public Bill Committee: 23 June 2009

141

Health Bill [Lords] continued

Mr Stephen O’Brien

Mike Penning

58

Schedule  5,  page  59,  line  18,  leave out ‘adult’.

Mr Stephen O’Brien

Mike Penning

59

Schedule  5,  page  59,  line  28,  leave out ‘adult’.

Mr Stephen O’Brien

Mike Penning

60

Schedule  5,  page  59,  line  42,  leave out ‘adult’.

Mr Stephen O’Brien

Mike Penning

77

Schedule  5,  page  59,  line  46,  leave out ‘month’ and insert ‘week’.

Mr Stephen O’Brien

Mike Penning

61

Schedule  5,  page  59,  line  47,  leave out ‘adult’.

Mr Stephen O’Brien

Mike Penning

78

Schedule  5,  page  61,  line  12,  leave out ‘month’s’ and insert ‘week’s’.

Mr Stephen O’Brien

Mike Penning

79

Schedule  5,  page  62,  line  21,  at end insert ‘or

(e)	the Care Quality Commission’.

Mr Stephen O’Brien

Mike Penning

80

Schedule  5,  page  63,  line  23,  leave out ‘obtain the consent of’ and insert ‘inform’.

Mr Stephen O’Brien

Mike Penning

81

Schedule  5,  page  63,  line  24,  leave out ‘or’ and insert ‘and’.

Mr Stephen O’Brien

Mike Penning

82

Schedule  5,  page  64,  line  42,  at end insert ‘and the content of the complaints it has

processed since the last review was made under this subsection.’.

Public Bill Committee: 23 June 2009

142

Health Bill [Lords] continued

Mr Stephen O’Brien

Mike Penning

139

Schedule  5,  page  65,  line  18,  at end insert—

‘(2A)

The Local Commissioner may, in the Part 3A annual report, assess the costs of

the complaints process borne by—

(a)	the taxpayer; and

(b)	the provider; and

(c)	the service user.’.

Mr Stephen O’Brien

Mike Penning

83

Schedule  5,  page  67,  line  30,  at end insert—

‘12A	In Schedule 4 (the Commission), in paragraph 6, after sub-paragraph (3)

insert—

“(3A)

Where the Secretary of State is, by primary legislation, intending to

add to the functions of the Local Commissions, he shall report to

Parliament the impact this will have on future determinations.”’.

Mr Stephen O’Brien

Mike Penning

152

Clause  34,  page  32,  line  38,  leave out ‘may’ and insert ‘must’.

Mr Mike O’Brien

199

Page  32,  line  35,  leave out Clause 34.

Member’s explanatory statement

This amendment removes clause 34, which was inserted in the House of Lords. Clause 34 enables

the Secretary of State to prescribe exceptions to the rule that the proportion of income of NHS foun­

dation trusts which were NHS trusts derived from private charges must remain within a defined

limit.

Mr Stephen O’Brien

Mike Penning

84

Clause  35,  page  33,  line  21,  at end insert—

‘(3A)

Her Majesty’s Revenue and Customs must publish a list of disclosures of

information under subsection (2) to the persons listed in subsection (3), paragraph

(e) which must specify—

(a)	the person or persons to whom the information was disclosed; and

(b)	the reason for the disclosure.’.

Public Bill Committee: 23 June 2009

143

Health Bill [Lords] continued

Mr Stephen O’Brien

Mike Penning

85

Clause  35,  page  33,  line  22,  leave out ‘a’ and insert ‘an anonymised’.

Mike Penning

Mr Stephen O’Brien

161

Clause  35,  page  33,  line  23,  after ‘enable’ insert ‘any’.

Mr Stephen O’Brien

Mike Penning

86

Clause  35,  page  33,  line  24,  after ‘person’, insert ‘or practice’.

Mr Stephen O’Brien

Mike Penning

195

Clause  35,  page  33,  line  24,  at end insert—

‘(4A)

A person who discloses information in subsection (1) to persons other than those

listed at section (3) or for purposes other than in subsection (2), commits an

offence.

(4B)	An offence under subsection (4A) may in particular extend to—

(a)	Her Majesty’s Revenue and Customs;

(b)	any person listed under subsection (2);

(c)	any employee of any person listed under subsection (2).

(4C)	A person guilty of an offence under this section is liable on summary conviction

to imprisonment for a term not exceeding three months or to a fine not exceeding

level 4 on the standard scale.

(4D)	A person or persons to whom the information is disclosed in circumstances under

subsection (4A) has a cause of action for damages, including penalty damages,

against the discloser.’.

Mr Mike O’Brien

194

Clause  40,  page  36,  leave out lines 30 to 33.

Member’s explanatory statement

This amendment leaves out the common-form provision inserted by the House of Lords at Third

Reading to avoid infringing the financial privileges of the House of Commons.

Public Bill Committee: 23 June 2009

144

Health Bill [Lords] continued

New ClauseS

Purchase of tobacco on behalf of children

Mike Penning

Mr Stephen O’Brien

NC1

To move the following Clause:—

‘After section 7(2) of the Children and Young Persons Act 1933 (c. 12) (sale of

tobacco, etc, to persons under (eighteen)) insert—

“(2A)

A person commits an offence if he buys or attempts to buy tobacco on

behalf of an individual aged under 18.

(2B)	Where a person is charged with an offence under subsection (2A), it is a

defence that he had taken all reasonable steps to establish the individual’s

age, or that from the individual’s appearance nobody could have

reasonably suspected that the individual was aged under 18.

(2C)	A person guilty of an offence under this section is liable on summary

conviction to a fine not exceeding level 5 on the standard scale.”’.

Report to parliament on impact of quality accounts

Mr Stephen O’Brien

Mike Penning

NC2

To move the following Clause:—

‘(1)	The Secretary of State shall report to Parliament no later than 4 years after the

coming into force of Part 1 on the impact of quality accounts.

(2)	The report shall examine the methods and technologies employed by trusts to

measure the quality of services and collect data for inclusion in their quality

accounts.’.

Duty to have regard to the Social Care Constitution

Mr Stephen O’Brien

Mike Penning

NC3

To move the following Clause:—

Public Bill Committee: 23 June 2009

145

Health Bill [Lords] continued

‘Any person providing social care under the Health and Social Care Act 2008 (c.

14) must have regard to the Social Care Constitution.’.

Availability and review of the Social Care Constitution

Mr Stephen O’Brien

Mike Penning

NC4

To move the following Clause:—

‘(1)	The Secretary of State must ensure that the Social Care Constitution continues to

be available to service users, staff and members of the public.

(2)	At least once in any period of 10 years the Secretary of State must carry out a

review of the Social Care Constitution (referred to in this Chapter as a “10 year

review”).

(3)	The following must be consulted about the Social Care Constitution on a 10 year

review—

(a)	service users and bodies or other persons representing service users,

(b)	staff and bodies or other persons representing staff of service providers,

(c)

carers,

(d)	local authorities,

(e)	members of the public, and

(f)	such other persons as the Secretary of State considers appropriate.

(4)	The first 10 year review must be completed not later than 5 July 2018.

(5)	In this Chapter—

“carers” has the meaning it has in section 5(4) of the Health and Social Care

Act 2008 (c. 14);

“service users” has the meaning it has in section 5(4) of the Health and

Social Care Act 2008(c. 14);

“service providers” has the meaning it has in the Health and Social Care Act

2008 (c. 14);

“staff” means—

(a)	persons employed by a body listed in section 2(2) or otherwise

working for such a body (whether as or on behalf of a contractor,

as a volunteer or otherwise) in, or in connection with, the

provision, commissioning or regulation of NHS services;

(b)	persons employed by a person listed in subsection (4) or (5) of

section 2 or otherwise working for such a person (whether as or

on behalf of a contractor, as a volunteer or otherwise) in, or in

connection with, the provision of services or assistance or the

making of arrangements as mentioned in the subsection in

question.

(6)	For the purposes of subsection (3), each of the following is a local authority—

(a)	a county council in England;

(b)	a district council in England, other than a council for a district in a county

for which there is a county council;

(c)	a London borough council;

(d)	the Common Council of the City of London;

Public Bill Committee: 23 June 2009

146

Health Bill [Lords] continued

(e)	the Council of the Isles of Scilly.’.

Notification to Parliament of the impact of quality accounts

Mike Penning

Mr Stephen O’Brien

NC5

To move the following Clause:—

‘(1)	The Secretary of State shall make a statement to Parliament no later than 3 years

after the coming into force of this Part regarding the impact of quality accounts.

(2)	This statement shall address the demand for quality accounts from patients and

members of the public, the improvements that quality accounts have brought

about as provider organisations focus on quality improvement, and the way that

quality accounts reflect the healthcare needs of patients servied by the bodies

listed in Clause 8, subsections (2) and (3).’.

Cross border pharmaceutical services

Mr Stephen O’Brien

Mike Penning

NC6

To move the following Clause:—

‘After paragraph 13 of schedule 1 of the National Health Service (Wales) Act

2006 (c. 42) add—

“Cross border pharmaceutical services

(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.

(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.”’.

Public Bill Committee: 23 June 2009

147

Health Bill [Lords] continued

Evaluation of quality accounts

Mike Penning

Mr Stephen O’Brien

NC7

To move the following Clause:—

‘(1)	The Secretary of State shall make a statement to Parliament no later than 4 years

after the coming into force of this Part regarding the impact of quality accounts.

(2)	This statement shall examine the way quality accounts reflect the demographic,

social, economic and geographical areas served by the bodies listed in Clause 8,

subsections (2) and (3).’.

Charges to overseas visitors

Sandra Gidley

Dr John Pugh

NC8

To move the following Clause:—

‘(1)	The National Health Service (Charges to Overseas Visitors) Regulations 1989

(S.I. 1989/306) are amended as follows—

(2)	In regulations 4, paragraph (c) after the second “Kingdom”, insert “or under the

Human Rights Convention, whether or not such application has been decided.”

(3)	In regulation 4, paragraph (1), sub-paragraph (c), leave out “which has not yet

been determined”’.

Accessible information

Sandra Gidley

Dr John Pugh

NC9

To move the following Clause:—

‘(1)	This section applies to information provided by the National Health Service to

patients or members of the public.

(2)	Information to which this section applies shall be made available in a manner

which is accessible to people with disabilities.

(3)	Each NHS trust shall publish annually, as part of their reporting on their

Disability Equality Duty obligations, details of the number of documents they

have provided to disabled people in formats other than standard print.’.

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Revised 23 June 2009