House of Commons Public Bill Committee Proceedings

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

1

House of Commons

Tuesday 16 June 2009

Public Bill Committee Proceedings

Health Bill [Lords]

[First and SEcond Sittings]

Mr Mike O’Brien

Agreed to

That—

(1)
the Committee shall (in addition to its first meeting at 10.30 am on Tuesday

16 June) meet—

(a)
at 4.00 pm on Tuesday 16 June;

(b)
at 9.30 am and 1.00 pm on Thursday 18 June;

(c)
at 10.30 am and 4.00 pm on Tuesday 23 June;

(d)
at 9.30 am and 1.00 pm on Thursday 25 June;

(2)
the proceedings shall be taken in the following order: Clauses 1 to 13,

Schedule 1, Clauses 14 to 16, Schedule 2, Clauses 17 to 19, Schedule 3,

Clauses 20 to 24, Schedule 4, Clauses 25 to 33, Schedule 5, Clauses 34 to 37,

Schedule 6, Clauses 38 to 40, new Clauses, new Schedules, remaining

proceedings on the Bill;

(3)
the proceedings shall (so far as not previously concluded) be brought to a

conclusion at 5.00 pm on Thursday 25 June.

Mr Mike O’Brien

Agreed to

That, subject to the discretion of the Chairman, any written evidence received by the

Committee shall be reported to the House for publication.

Mr Stephen O’Brien

Mike Penning

Not selected  153

Clause  1,  page  1,  line  5,  at end insert ‘and Social Care Constitution’.

Public Bill Committee Proceedings: 16 June 2009
2

Health Bill [Lords] continued

Mr Stephen O’Brien

Mike Penning

Negatived on division  1

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

Mr Stephen O’Brien

Mike Penning

Not called  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

Not selected  154

Clause  1,  page  1,  line  9,  at end insert—

‘(1A)
In this chapter “Social Care Constitution” means any document entitled “The

Social Care Constitution” published by the Secretary of State and approved by

each House of Parliament.’.

Clause Agreed to.

Mr Stephen O’Brien

Mike Penning

Withdrawn  4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

Withdrawn  107

Clause  2,  page  1,  line  16,  leave out ‘have regard to’ and insert ‘abide by’.

Mr Stephen O’Brien

Mike Penning

Withdrawn  3

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

Accountability’.

Mr Stephen O’Brien

Mike Penning

Withdrawn  7

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

‘(a)
the NHS board’.

Mr Stephen O’Brien

Mike Penning

Negatived on division  5

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

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

Public Bill Committee Proceedings: 16 June 2009
3

Health Bill [Lords] continued

(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,

(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

Not called  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

Not called  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

Not called  108

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

‘(2A)
The Secretary of State may issue guidance on criteria to be used to judge the

delivery of the duty in subsection (1) above.’.

Public Bill Committee Proceedings: 16 June 2009
4

Health Bill [Lords] continued

Sandra Gidley

Dr John Pugh

Not called  164

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

‘(h)
Children’s Trusts;

(i)
Sure Start Centres;

(j)
any other organisations providing NHS services.’.

Mr Stephen O’Brien

Mike Penning

Withdrawn  10

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

‘(5A)
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

Withdrawn  9

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

Clause Agreed to.

Sandra Gidley

Dr John Pugh

Withdrawn  165

Clause  3,  page  3,  line  3,  after ‘public’, insert ‘in formats accesible to people with

disabilities’.

Mr Stephen O’Brien

Mike Penning

Withdrawn  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.’.

Sandra Gidley

Dr John Pugh

Withdrawn  166

Clause  3,  page  3,  line  4,  leave out subsection (2) and insert—

‘(2)
A review of the NHS Constitution shall be carried out on the anniversary of its

first year of operation by the Secretary of State and at least once in any period if

10 years thereafter (referred to in this Chapter as a “10 year review”).’.

Mr Stephen O’Brien

Mike Penning

Sandra Gidley

Dr John Pugh

Withdrawn  12

Clause  3,  page  3,  line  14,  after ‘(5)’, insert—

Public Bill Committee Proceedings: 16 June 2009
5

Health Bill [Lords] continued

‘(fa)
Local Involvement Networks.’.

Mr Stephen O’Brien

Mike Penning

Withdrawn  13

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

Clause Agreed to.

Clause 4 Agreed to.

Mr Stephen O’Brien

Mike Penning

Not selected  109

Clause  5,  page  4,  line  15,  after ‘of’, insert ‘Statement of Accountability and’.

Mr Stephen O’Brien

Mike Penning

Withdrawn  110

Clause  5,  page  4,  line  16,  leave out ‘continues’ and insert ‘and the Statement of

Accountability continue’.

Sandra Gidley

Dr John Pugh

Not called  168

Clause  5,  page  4,  line  17,  at end insert ‘, including in formats accessible to people

with disabilities.’.

Mr Stephen O’Brien

Mike Penning

Not called  111

Clause  5,  page  4,  line  19,  after ‘Handbook’, insert ‘and the Statement of

Accountability’.

Mr Stephen O’Brien

Mike Penning

Negatived on division  113

Clause  5,  page  4,  line  20,  at end insert ‘and may address the impact of the

Handbook on National Health Services including—

(a)
dentistry;

(b)
audiology

(c)
podiatry’.

Mr Stephen O’Brien

Mike Penning

Not called  114

Clause  5,  page  4,  line  20,  at end insert—

‘(3A)
The review may assess the cost savings made as a result of the NHS

Constitution.’.

Public Bill Committee Proceedings: 16 June 2009
6

Health Bill [Lords] continued

Mr Stephen O’Brien

Mike Penning

Not called  115

Clause  5,  page  4,  line  20,  at end insert—

‘(3A)
In reviewing the Handbook and the Statement of Accountability the Secretary of

State must consult the bodies listed at section 3(3).’.

Mr Stephen O’Brien

Mike Penning

Not called  112

Clause  5,  page  4,  line  21,  after ‘Handbook’, insert ‘and the Statement of

Accountability’.

Clause Agreed to.

Mr Stephen O’Brien

Mike Penning

Withdrawn  116

Clause  6,  page  4,  line  26,  at end insert—

‘(1A)
The Secretary of State must report every year on the delivery of the pledges in the

NHS constitution.’.

Mr Stephen O’Brien

Mike Penning

Not called  117

Clause  6,  page  4,  line  27,  after ‘report’, insert ‘(a) under subsection (1)’.

Mr Stephen O’Brien

Mike Penning

Not called  14

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

Mr Stephen O’Brien

Mike Penning

Not called  118

Clause  6,  page  4,  line  27,  at end insert—

‘(b)
under subsection (1A) must be published not later than 31 January

2010.’.

Clause Agreed to.

Clause 7 Agreed to.

[Adjourned until Thursday at 9.30 am.