House of Commons Public Bill Committee Proceedings

Session 2010 - 11
Internet Publications
Other Bills before Parliament

11

House of Commons

Tuesday 1 March 2011

Public Bill Committee Proceedings

Health and Social Care Bill

[ninth and tenth sittings]

Emily Thornberry

Not called  9

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

Emily Thornberry

Not called  7

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

Emily Thornberry

Not moved  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

Not called  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

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

Clause Agreed to.

Emily Thornberry

Negatived  15

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

integration’.

Public Bill Committee Proceedings: 1 March 2011
12

Health and Social Care Bill, continued

Emily Thornberry

Withdrawn  11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

Not called  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

Not moved  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

Withdrawn  17

Clause  4,  page  3,  leave out line 18.

Emily Thornberry

Not called  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.’.

Clause Agreed to on division.

Liz Kendall

Emily Thornberry

Derek Twigg

Not called  41

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

Liz Kendall

Emily Thornberry

Derek Twigg

Not called  42

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

Liz Kendall

Emily Thornberry

Derek Twigg

Negatived on division  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.’.

Public Bill Committee Proceedings: 1 March 2011
13

Health and Social Care Bill, continued

Clause Agreed to.

Emily Thornberry

Liz Kendall

Derek Twigg

Not called  30

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

Liz Kendall

Emily Thornberry

Derek Twigg

Not moved  44

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

Liz Kendall

Emily Thornberry

Derek Twigg

Not called  45

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

Liz Kendall

Emily Thornberry

Derek Twigg

Not called  46

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

Liz Kendall

Emily Thornberry

Derek Twigg

Withdrawn  47

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

‘Appointments Commission’.

Liz Kendall

Emily Thornberry

Derek Twigg

Withdrawn  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.’.

Emily Thornberry

Liz Kendall

Derek Twigg

Not called  19

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

‘(c)
a medical practitioner;

(d)
a registered nurse.’.

Public Bill Committee Proceedings: 1 March 2011
14

Health and Social Care Bill, continued

Liz Kendall

Emily Thornberry

Derek Twigg

Not called  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

Not called  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

Withdrawn  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

Not called  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

Not called  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

Not called  52

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

Liz Kendall

Emily Thornberry

Derek Twigg

Not called  80

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

Public Bill Committee Proceedings: 1 March 2011
15

Health and Social Care Bill, continued

Liz Kendall

Emily Thornberry

Derek Twigg

Not called  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

Withdrawn  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

Not called  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

Not called  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

Not called  57

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

Liz Kendall

Emily Thornberry

Derek Twigg

Tom Blenkinsop

Not called  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.’.

Emily Thornberry

Not selected  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.’.

Public Bill Committee Proceedings: 1 March 2011
16

Health and Social Care Bill, continued

Emily Thornberry

Not selected  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

Withdrawn  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

Not called  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

Not called  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.’.

Liz Kendall

Emily Thornberry

Derek Twigg

Tom Blenkinsop

Not called  87

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

Public Bill Committee Proceedings: 1 March 2011
17

Health and Social Care Bill, continued

‘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

Withdrawn  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

Not selected  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

Negatived on division  59

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

Liz Kendall

Emily Thornberry

Derek Twigg

Tom Blenkinsop

Not called  60

Schedule  1,  page  226,  line  26,  leave out ‘if the Secretary of State so directs’.



© Parliamentary copyright	Revised 2 March 2011