House of Commons Amendments

Session 2010 - 11
Internet Publications
Other Bills before Parliament

73

House of Commons

Tuesday 1 March 2011

Public Bill Committee

New Amendments handed in are marked thus

Amendments which will comply with the required notice period at their next appearance

Health and Social Care Bill

Note

The Amendments have been arranged in accordance with the Order of the

Committee [8 February].

Emily Thornberry

9

Clause  3,  page  3,  line  5,  leave out ‘between the people of England’.

Emily Thornberry

7

Clause  3,  page  3,  line  6,  after ‘benefits’, insert ‘and quality of care’.

Emily Thornberry

8

Clause  3,  page  3,  line  7,  at end add ‘and must report annually to Parliament on his

Department’s progress in reducing inequalities.’.

Emily Thornberry

14

Clause  3,  page  3,  line  7,  at end insert—

‘The duty of the Secretary of State under this section shall include upholding the

provisions of the Equality Act 2010 and the NHS Constitution as defined in Section 1 of

the Health Act 2009, and ensuring that these provisions apply to—

(a)
the National Health Service Commissioning Board;

(b)
commissioning consortia;

(c)
local authorities (as respects their public health functions);

(d)
Health and Wellbeing Boards; and

Public Bill Committee: 1 March 2011
74

Health and Social Care Bill, continued

(e)
all providers of health care services for the purposes of the NHS.’.

Emily Thornberry

15

Clause  4,  page  3,  line  10,  leave out ‘autonomy’ and insert ‘collaboration and

integration’.

Emily Thornberry

11

Clause  4,  page  3,  line  15,  after ‘purposes’, insert ‘has complete autonomy from

direction from the Secretary of State, the NHS Commissioning Board or Monitor, and’.

Emily Thornberry

16

Clause  4,  page  3,  line  15,  leave out from ‘purposes’ to ‘and’ in line 17 and insert

‘must collaborate with other commissioners and providers of health services and local

authorities.’.

Emily Thornberry

10

Clause  4,  page  3,  line  17,  after ‘appropriate’, add ‘provided that is consistent with

the values and principles of the NHS Constitution’.

Emily Thornberry

17

Clause  4,  page  3,  leave out line 18.

Emily Thornberry

12

Clause  4,  page  3,  line  18,  at end insert—

‘(c)
for the purposes of this Act, “unnecessary burdens” shall exclude any

requirements to—

(i)
ensure public involvement, consultation and accountability, or

(ii)
publish data relating to performance or quality of services.’.

Liz Kendall

Emily Thornberry

Derek Twigg

41

Clause  5,  page  3,  line  22,  leave out ‘Commissioning’.

Liz Kendall

Emily Thornberry

Derek Twigg

42

Clause  5,  page  3,  line  25,  leave out ‘Commissioning’.

Public Bill Committee: 1 March 2011
75

Health and Social Care Bill, continued

Liz Kendall

Emily Thornberry

Derek Twigg

43

Clause  5,  page  3,  line  36,  at end add—

‘(c)
must lead in the reconfiguration of services for the areas over which it has

commissioning responsibility, and

(d)
have regard to the principles and values of the NHS Constitution.’.

Emily Thornberry

Liz Kendall

Derek Twigg

30

Schedule  1,  page  221,  line  5,  leave out ‘Commissioning’.

Liz Kendall

Emily Thornberry

Derek Twigg

44

Schedule  1,  page  221,  line  7,  leave out ‘not’.

Liz Kendall

Emily Thornberry

Derek Twigg

45

Schedule  1,  page  221,  line  7,  leave out from‘Crown’ to end of line 8.

Liz Kendall

Emily Thornberry

Derek Twigg

46

Schedule  1,  page  221,  line  9,  leave out from ‘is’ to end of line.

Liz Kendall

Emily Thornberry

Derek Twigg

47

Schedule  1,  page  221,  line  13,  leave out ‘Secretary of State’ and insert

‘Appointments Commission’.

Liz Kendall

Emily Thornberry

Derek Twigg

78

Schedule  1,  page  221,  line  13,  at end insert—

‘(b)
at least one NHS workforce representative, drawn from the Staff Side

representatives on the NHS Staff Council and approved by a majority

vote thereof.’.

Public Bill Committee: 1 March 2011
76

Health and Social Care Bill, continued

Emily Thornberry

Liz Kendall

Derek Twigg

19

Schedule  1,  page  221,  line  14,  at end add—

‘(c)
a medical practitioner;

(d)
a registered nurse.’.

Liz Kendall

Emily Thornberry

Derek Twigg

48

Schedule  1,  page  221,  line  14,  at end insert—

‘(c)
at least one other member appointed by the Local Government

Association, and’.

Liz Kendall

Emily Thornberry

Derek Twigg

49

Schedule  1,  page  221,  line  16,  at end insert ‘including—

(i)
at least two people who are qualified medical practitioners, and

(ii)
at least two people appointed by HealthWatch England to

represent patient involvement.’.

Liz Kendall

Emily Thornberry

Derek Twigg

79

Schedule  1,  page  221,  line  16,  at end insert—

  ‘(1A)
The appointments in sub-paragraph (1) shall be subject to the affirmation of the

House of Commons Health Committee.’.

Liz Kendall

Emily Thornberry

Derek Twigg

50

Schedule  1,  page  221,  line  24,  at end insert—

‘(4)
At least one of the non-executive members must have expertise or experience in

relation to the commissioning of research in the health service.’.

Liz Kendall

Emily Thornberry

Derek Twigg

51

Schedule  1,  page  221,  line  27,  at end insert ‘with the affirmation of the House of

Commons Health Committee.’.

Liz Kendall

Emily Thornberry

Derek Twigg

52

Schedule  1,  page  221,  leave out lines 28 and 29.

Public Bill Committee: 1 March 2011
77

Health and Social Care Bill, continued

Liz Kendall

Emily Thornberry

Derek Twigg

80

Schedule  1,  page  221,  line  29,  after ‘State’, insert ‘and Parliament’.

Liz Kendall

Emily Thornberry

Derek Twigg

53

Schedule  1,  page  221,  line  33,  at end insert ‘with the affirmation of the House of

Commons Health Committee.’.

Liz Kendall

Emily Thornberry

Derek Twigg

Tom Blenkinsop

54

Schedule  1,  page  222,  line  11,  at end insert—

‘(3A)
Any person removed under the terms of sub-paragraph 4(3) has the right of appeal

to the Tier 1 Tribunal.’.

Liz Kendall

Emily Thornberry

Derek Twigg

Tom Blenkinsop

55

Schedule  1,  page  222,  line  15,  at end insert ‘with the agreement of the Board

Chairman’.

Liz Kendall

Emily Thornberry

Derek Twigg

Tom Blenkinsop

56

Schedule  1,  page  222,  leave out lines 16 and 17 and insert—

‘(5)
A person shall be appointed as a non-executive member for a period of 4 years.’.

Liz Kendall

Emily Thornberry

Derek Twigg

Tom Blenkinsop

57

Schedule  1,  page  223,  leave out lines 27 to 31.

Liz Kendall

Emily Thornberry

Derek Twigg

Tom Blenkinsop

81

Schedule  1,  page  223,  line  31,  at end insert—

    ‘(4)
The remuneration, payments and compensations in sub-paragraphs (1), (2) and

(3) shall be subject to scrutiny by Parliament, by whatever method it may

decide.’.

Public Bill Committee: 1 March 2011
78

Health and Social Care Bill, continued

Emily Thornberry

149


Schedule  1,  page  224,  line  2,  at end insert—

‘(5)
Where staff are transferred to the Board, they will retain their remuneration, terms

and conditions.’.

Emily Thornberry

150


Schedule  1,  page  224,  line  2,  at end insert—

‘Contractors

    (1)
Where the Board enters into a contractural arrangement to exercise its

functions with a person other than its members, members of its committees or

sub-committees, or its employees, it shall include provision in the contract that

applies the duties of the Board under—

(a)
the Freedom of Information Act 2000;

(b)
the Equality Act 2010; and

(c)
any requirements, directions or Regulations from the Secretary of

State relating to remuneration of employees or publication of

prescribed information relating to the remuneration of employees


to that person in so far as they are exercising the functions of the Board or

assisting the Board in the exercise of its functions.

      (2)
The Secretary of State may issue guidance on the Board’s duty under sub-

paragraph (1).’.

Liz Kendall

Emily Thornberry

Derek Twigg

Tom Blenkinsop

58

Schedule  1,  page  224,  line  5,  at end insert—

‘(1A)
The Board must appoint a committee whose remit includes consideration of and,

where appropriate, the discharge of the Board’s duty under section 13I (duty to

promote research).’.

Liz Kendall

Emily Thornberry

Derek Twigg

Tom Blenkinsop

85

Schedule  1,  page  224,  line  7,  at end insert ‘but may not include persons who are

providers of services that the Board commissions, or representatives of such persons.’.

Liz Kendall

Emily Thornberry

Derek Twigg

Tom Blenkinsop

86

Schedule  1,  page  224,  line  13,  at end insert—

    ‘(4)
The membership and function of each committee shall be published.

      (5)
The dates and agendas of meetings shall be published before meetings, and

minutes recording decisions made shall be published after meetings.’.

Public Bill Committee: 1 March 2011
79

Health and Social Care Bill, continued

Liz Kendall

Emily Thornberry

Derek Twigg

Tom Blenkinsop

87

Schedule  1,  page  224,  line  13,  at end insert—

‘Conflicts of interest

    (1)
The Board shall make provision for dealing with conflicts of interests of

members of the Board, its committees or sub-committees, its employees, and

any person with which it has a contractual arrangement to exercise or assist its

exercise of its functions.

      (2)
The provision shall include a register of interests.

      (3)
The provision must be approved by the Secretary of State and laid before

Parliament.’.

Liz Kendall

Emily Thornberry

Derek Twigg

Tom Blenkinsop

90

Schedule  1,  page  225,  line  11,  at end insert—

  ‘(1A)
The Secretary of State must require the Board to provide the Secretary of State

with such information necessary to answer Written Parliamentary Questions

that are relevant to the exercise of the Board’s functions.’.

Liz Kendall

Emily Thornberry

Derek Twigg

91

Schedule  1,  page  225,  line  13,  at end insert—

‘Parliamentary scrutiny

15  (1)
The Board must respond in writing to any recommendation about its exercise

of its functions that a Committee of either House of Parliament or a Committee

of both Houses makes.

      (2)
Members of the Board must attend a meeting of any Committee of either

House of Parliament or a Committee of both Houses that requests their

attendance.

      (3)
Each House may by resolution determine any further method of scrutiny of the

Board.’.

Liz Kendall

Emily Thornberry

Derek Twigg

Tom Blenkinsop

59

Schedule  1,  page  226,  line  24,  leave out ‘if the Secretary of State so directs’.



© Parliamentary copyright	Revised 1 March 2011