House of Commons Public Bill Committee Proceedings

Session 2010 - 11
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Other Bills before Parliament

127

House of Commons

Tuesday 29 March 2011

Public Bill Committee Proceedings

Health and Social Care Bill

[Twenty-fifth and Twenty-sixth sittings]

Emily Thornberry

Not selected  545

Clause  184,  page  154,  line  40,  at end insert—

‘(g)
where there are existing agreements under section 77 for care trusts and

other forms of integration between councils and the NHS, these should

continue uninterrupted if both the council and the commissioning

consortia covering that council’s area, or relevant other NHS body, both

wish them to. Any decision to disband them should await the formal

establishment of commissioning consortia.’.

Clause Agreed to on division.

Emily Thornberry

Withdrawn  472

Clause  193,  page  164,  line  20,  after ‘England’, insert ‘and meets the international

definition of Social Work as follows—

  “The social work profession promotes social change, problem solving in

human relationships and the empowerment and liberation of people to

enhance wellbeing. Utilising theories of human behaviour and social

systems, social work intervenes at the points where people interact with

their environments. Principles of human rights and social justice are

fundamental to social work.”’.

Emily Thornberry

Not selected  473

Clause  193,  page  164,  line  20,  at end insert—

‘(5A)
After subsection 2ZA insert—

“(2ZAA)
Social Work in England is that which through the exercise of its statutory

functions and/or the employment of its range of skills works to—

(a)
promote social justice by helping people to achieve change in

their lives;

Public Bill Committee Proceedings: 29 March 2011
128

Health and Social Care Bill, continued

(b)
meet the needs of people and enable their social inclusion and the

cohesion of society;

(c)
protect those who may be at risk of abuse or harm from others;

(d)
reduce the risk of people abusing or harming others;

(e)
enhance self respect and respect for others within families,

groups and communities; and

(f)
reduce conflict and distress in families, groups and communities.

(2ZAB)
Social Work operates within a wide range of legislative frameworks and

with Government guidance and regulations.

(2ZAC)
Social Work puts individuals, families, groups and communities at the

forefront of its concern and works with all others to promote their health,

socio-economic wellbeing and empowerment.

(2ZAD)
Social Work provides the necessary challenge to governments and

institutions through advocacy which is rooted in internationally

recognised ethical principles and undertaken alongside individuals,

families, groups and communities.”’.

Clause Agreed to.

Clauses 194 to 197 Agreed to.

Emily Thornberry

Negatived on division  547

Clause  198,  page  169,  leave out line 7 and insert—

‘(b)
is to change its name to the Social Work and Health Professions

Council.’.

Emily Thornberry

Not called  548

Clause  198,  page  169,  line  12,  leave out ‘“The Health and Care Professions

Council”’ and insert ‘“The Social Work and Health Professions Council”’.

Emily Thornberry

Not called  549

Clause  198,  page  169,  line  16,  leave out ‘“the Health and Care Professions

Council”’ and insert ‘“the Social Work and Health Professions Council”’.

Clause Agreed to.

Clause 199 Agreed to.

Public Bill Committee Proceedings: 29 March 2011
129

Health and Social Care Bill, continued

Emily Thornberry

Derek Twigg

Liz Kendall

Negatived on division  647

Clause  200,  page  171,  line  34,  leave out ‘High Court of Justice in England and

Wales’ and insert ‘First Tier Tribunal (Care Standards)’.

Clause Agreed to on division.

Clauses 201 to 206 Agreed to.

Emily Thornberry

Derek Twigg

Liz Kendall

Not called  648

Clause  207,  page  177,  line  40,  leave out ‘High Court of Justice in England and

Wales’ and insert ‘First Tier Tribunal (Care Standards)’.

Clause Agreed to on division.

Emily Thornberry

Derek Twigg

Liz Kendall

Withdrawn  649

Clause  208,  page  178,  line  20,  at end insert ‘and representatives of the

professions’.

Clause Agreed to.

Clauses 209 to 211 Agreed to.

Emily Thornberry

Derek Twigg

Liz Kendall

Withdrawn  655

Clause  212,  page  182,  line  36,  at end insert—

‘(2A)
Subsection (2) does not apply to professions regulated under the Medical Act

1983.’.

Mr Simon Burns

Agreed to  593

Clause  212,  page  184,  line  9,  leave out from beginning to ‘imposes’ and insert ‘The

reference in subsection (2) to an enactment does not include a reference to an enactment

in so far as it’.

Public Bill Committee Proceedings: 29 March 2011
130

Health and Social Care Bill, continued

Emily Thornberry

Derek Twigg

Liz Kendall

Not called  650

Clause  212,  page  185,  line  1,  at end insert ‘including representatives of affected

workers’.

Emily Thornberry

Withdrawn  546

Clause  212,  page  185,  line  16,  at end insert—

‘(6)
An assessment under this section must have particular regard to the level of

engagement with patients and the level of potential harm posed to patients of each

health profession under consideration.

(7)
If, following the impact assessment, the regulatory body identifies that statutory

regulation is more proportionate to the level of risk posed to users of health care,

users of social care in England and users of social work services in England by a

certain group of health or social care professionals, then there will be a duty on

the Secretary of State to introduce statutory regulation for such groups.’.

Clause, as amended, Agreed to on division.

Clauses 213 and 214 Agreed to.

Clause 215 Agreed to on division.

Mr Simon Burns

Agreed to  594

Schedule  14,  page  318,  line  35,  leave out paragraph 47.

Mr Simon Burns

Agreed to  595

Schedule  14,  page  321,  line  37,  at end insert—

      ‘()
Omit paragraph 26(a) of Schedule 10 to the Health and Social Care Act 2008

(which provides for the inclusion of a reference to the Council for Healthcare

Regulatory Excellence in the National Assembly for Wales (Disqualification)

Order 2006, which has itself been revoked).’.

Mr Simon Burns

Agreed to  596

Schedule  14,  page  322,  line  8,  leave out paragraph (d).

Mr Simon Burns

Agreed to  597

Schedule  14,  page  322,  line  15,  leave out paragraph (b).

Mr Simon Burns

Agreed to  598

Schedule  14,  page  322,  line  15,  at end insert—

      ‘()
Omit paragraph 26(b) of Schedule 10 to the Health and Social Care Act 2008

(which inserts a reference to the OHPA in the National Assembly for Wales

(Disqualification) Order 2006, which has itself been revoked).’.

Public Bill Committee Proceedings: 29 March 2011
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Health and Social Care Bill, continued

Schedule, as amended, Agreed to.

Clause 216 Agreed to.

Schedule 15 Agreed to.

Liz Kendall

Derek Twigg

Emily Thornberry

Withdrawn  665

Clause  217,  page  189,  line  16,  leave out ‘desirability of promoting’ and insert

‘Commissioning Board’s duty to promote’.

Clause Agreed to.

Liz Kendall

Derek Twigg

Emily Thornberry

Withdrawn  666

Clause  218,  page  189,  line  33,  after ‘(c)’, insert ‘adult and children’s’.

Derek Twigg

Liz Kendall

Emily Thornberry

Withdrawn  664

Clause  218,  page  189,  line  35,  after ‘preparing’, insert ‘or revising’.

Liz Kendall

Derek Twigg

Emily Thornberry

Not called  667

Clause  218,  page  189,  line  35,  after ‘consult’, insert ‘and involve’.

Liz Kendall

Derek Twigg

Emily Thornberry

Not called  668

Clause  218,  page  189,  line  35,  after ‘public’, insert ‘and health and social care

professionals as appropriate.’.

Liz Kendall

Derek Twigg

Emily Thornberry

Not called  669

Clause  218,  page  190,  line  11,  leave out ‘such persons as it considers appropriate’

and insert ‘all relevant persons’.

Public Bill Committee Proceedings: 29 March 2011
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Health and Social Care Bill, continued

Mr Simon Burns

Agreed to  599

Clause  218,  page  190,  line  33,  after ‘section’, insert ‘7A or’.

Mr Simon Burns

Agreed to  600

Clause  218,  page  190,  line  35,  leave out from first ‘of’ to ‘Schedule’ in line 36 and

insert ‘—

(a)
the Secretary of State under section 2A or 2B of, or paragraph 7C, 8 or

12 of Schedule 1 to, that Act, or

(b)
a local authority under section 2B or 111 of, or paragraphs 1 to 7B or 13

of’.

Clause, as amended, Agreed to.

Clauses 219 and 220 Agreed to.

Liz Kendall

Derek Twigg

Emily Thornberry

Withdrawn  670

Clause  221,  page  192,  line  18,  leave out ‘may’ and insert ‘will’.

Mr Simon Burns

Agreed to  601

Clause  221,  page  192,  line  21,  leave out ‘and’.

Mr Simon Burns

Agreed to  602

Clause  221,  page  192,  line  31,  after ‘any’, insert ‘public’.

Mr Simon Burns

Agreed to  603

Clause  221,  page  192,  line  40,  at end insert—

‘“public body” means a body or other person whose functions—

(a)
are of a public nature, or

(b)
include functions of that nature,

but, in the latter case, the body or person is a public body to the extent

only of those functions;’.

Clause, as amended, Agreed to on division.

Clause 222 Agreed to.

Mr Simon Burns

Agreed to  604

Clause  223,  page  193,  line  24,  after ‘provision’, insert ‘, or the facilitation of the

Public Bill Committee Proceedings: 29 March 2011
133

Health and Social Care Bill, continued

provision,’.

Clause, as amended, Agreed to.

Liz Kendall

Derek Twigg

Emily Thornberry

Withdrawn  671

Clause  224,  page  193,  line  34,  leave out subsections (2), (3) and (4)’.

Clause Agreed to.

Clauses 225 to 232 Agreed to.

Mr Simon Burns

Agreed to  605

Clause  233,  page  196,  line  5,  at end insert—

‘(2)
A statement of standards prepared and published by the Institute before

commencement is to be treated on and after commencement as if it were a quality

standard—

(a)
prepared and published by NICE in accordance with section 218,

(b)
endorsed under subsection (5) of that section, and

(c)
in respect of which the transitional commissioner is the relevant

commissioner for the purposes of that section.

(3)
Subsections (4) to (6) apply to a case where before commencement—

(a)
the Secretary of State has referred a matter to the Institute for the purpose

of preparing and publishing a statement of standards, but

(b)
the Institute has not published the statement.

(4)
The referral by the Secretary of State to the Institute of the matter is to be treated

on and after commencement as if it were a direction given to NICE by the

transitional commissioner for the preparation of a quality standard in relation to

that matter under section 218(1); and the transitional commissioner is to be

treated as the relevant commissioner for the purposes of that section.

(5)
Anything done by the Institute before commencement in relation to the matter is

to be treated on and after commencement as having been done by NICE in

pursuance of the direction.

(6)
Consultation undertaken by the Institute before commencement in relation to the

matter is to be treated on and after commencement as if it were consultation by

NICE under section 218(3) in relation to the preparation of the quality standard.

(7)
A procedure established by the Institute before commencement for the

preparation of statements of standards is to be treated on and after

commencement as if it were a procedure established by NICE in accordance with

section 218(7) for the preparation of quality standards.

(8)
For the purposes of this section “the transitional commissioner” is the Secretary

of State; but the Secretary of State, after consulting the Board, may direct that in

relation to a particular statement of standards or matter the transitional

commissioner is—



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