House of Commons Public Bill Committee Proceedings

Session 2010 - 11
Internet Publications
Other Bills before Parliament

135

House of Commons

Thursday 31 March 2011

Public Bill Committee Proceedings

Health and Social Care Bill

[Twenty-seventh and Twenty-eighth sittings]

Emily Thornberry

Derek Twigg

Liz Kendall

Withdrawn  656

Clause  234,  page  196,  line  20,  at end insert—

‘(4A)
An information standard under subsection (1) must state the need for explicit

patient consent for the disclosure of patient information, in accordance with the

common law duty of confidentiality, unless the information has been anonymised

or pseudonymised.’.

Mr Simon Burns

Agreed to  672

Clause  234,  page   196,  line  29,  at end insert—

‘( )
any person (other than a public body) who provides health services, or

adult social care in England, to which the information standard relates

pursuant to arrangements made with a public body exercising functions

in connection with the provision of such services or care.’.

Mr Simon Burns

Agreed to  673

Clause  234,  page   197,  line  8,  after ‘section’ insert ‘7A or’.

Clause, as amended, Agreed to.

Emily Thornberry

Derek Twigg

Liz Kendall

Withdrawn  657

Clause  235,  page  197,  line  19,  at end insert ‘including healthcare professionals and

have regard to their advice’.

Clause Agreed to.

Public Bill Committee Proceedings: 31 March 2011
136

Health and Social Care Bill, continued

Clause 236 Agreed to.

Schedule 17 Agreed to.

Emily Thornberry

Derek Twigg

Liz Kendall

Withdrawn  658

Clause  237,  page  197,  line  34,  leave out subsections (b), (c) and (d).

Clause Agreed to.

Mr Simon Burns

Agreed to  674

Clause  238,  page   198,  line  37,  after ‘section’ insert ‘7A or’.

Mr Simon Burns

Agreed to  675

Clause  238,  page   198,  line  43,  at end insert—

‘( )
A direction under subsection (1) may require the Information Centre to

disseminate information (other than by publishing it) only if the Centre is

authorised to do so by section 243 or authorised or required to do so by or under

any other provision of this or any other Act.’.

Emily Thornberry

Derek Twigg

Liz Kendall

Not called  659

Clause  238,  page  198,  line  43,  at end add—

‘(7)
The powers under this section refer exclusively to data which has been

anonymised or pseudonymised or for which explicit consent for its use for these

specified purposes has been obtained in accordance with the common law duty of

confidentiality.’.

Clause, as amended, Agreed to.

Mr Simon Burns

Agreed to  676

Clause  239,  page   199,  line  9,  at end insert—

‘( )
A request under subsection (1) may request the Information Centre to disseminate

information (other than by publishing it) only if the Centre is authorised to do so

by section 243 or authorised or required to do so by or under any other provision

of this or any other Act.’.

Public Bill Committee Proceedings: 31 March 2011
137

Health and Social Care Bill, continued

Emily Thornberry

Derek Twigg

Liz Kendall

Withdrawn  660

Clause  239,  page  199,  line  19,  at end insert—

‘(4A)
Nothing in this section shall have the effect of rendering lawful any exchange of

information currently prohibited under current law.’.

Emily Thornberry

Derek Twigg

Liz Kendall

Withdrawn  663

Clause  239,  page  199,  line  23,  leave out subsection (6).

Emily Thornberry

Derek Twigg

Liz Kendall

Not called  661

Clause  239,  page  199,  line  25,  at end insert ‘except that all such requests must be in

accordance with the Data Protection Act 1998.’.

Emily Thornberry

Derek Twigg

Liz Kendall

Withdrawn  662

Clause  239,  page  199,  line  41,  leave out paragraph (d).

Mr Simon Burns

Agreed to  677

Clause  239,  page   199,  line  42,  leave out ‘provided for individuals’.

Clause, as amended, Agreed to.

Clause 240 Agreed to.

Mr Simon Burns

Agreed to  678

Clause  241,  page  200,  line  31,  leave out ‘must’ and insert ‘may’.

Clause, as amended, Agreed to.

Mr Simon Burns

Agreed to  679

Clause  242,  page  200,  line  34,  leave out ‘a health or social care body’ and insert

‘any person mentioned in subsection (1A)’.

Public Bill Committee Proceedings: 31 March 2011
138

Health and Social Care Bill, continued

Mr Simon Burns

Agreed to  680

Clause  242,  page  200,  line  38,  at end insert—

‘(1A)
Those persons are—

(a)
a health or social care body;

(b)
any person (other than a public body) who provides health services, or

adult social care in England, pursuant to arrangements made with a

public body exercising functions in connection with the provision of such

services or care.’.

Mr Simon Burns

Agreed to  681

Clause  242,  page  200,  line  39,  leave out ‘A health or social care body must comply

with’.

Mr Simon Burns

Agreed to  682

Clause  242,  page  200,  line  40,  after ‘(1)(a)’ insert ‘must be complied with’.

Emily Thornberry

Derek Twigg

Liz Kendall

Withdrawn  652

Clause  242,  page  200,  line  41,  leave out ‘such period’ and insert ‘a reasonable

amount of time’.

Emily Thornberry

Derek Twigg

Liz Kendall

Not called  651

Clause  242,  page  200,  line  41,  at end insert—

‘(2A)
The powers under this section refer exclusively to data which has been

anonymised or pseudonymised or for which explicit consent for its use for these

specified purposes has been obtained in accordance with the common law duty of

confidentiality.’.

Mr Simon Burns

Agreed to  683

Clause  242,  page  201,  line  3,  leave out ‘health or social care bodies and other’.

Mr Simon Burns

Agreed to  684

Clause  242,  page  201,  line  8,  leave out ‘health or social care body’ and insert

‘person mentioned in subsection (1A)’.

Mr Simon Burns

Agreed to  685

Clause  242,  page  201,  line  8,  at end insert—

‘( )
The provision of information under this section—

(a)
does not breach any obligation of confidence owed by the person

providing it, but

Public Bill Committee Proceedings: 31 March 2011
139

Health and Social Care Bill, continued

(b)
is subject to any express restriction on disclosure imposed by or under

another Act (other than any restriction which allows disclosure if

authorised by or under an Act).’.

Clause, as amended, Agreed to.

Mr Simon Burns

Agreed to  686

Clause  243,  page  201,  line  15,  leave out ‘—’ and insert ‘the information falls

within subsection (1A); and, subject to the following provisions of this section, if the

information falls within that subsection, the Centre must not publish it.

(1A)
Information falls within this subsection if—’.

Mr Simon Burns

Agreed to  687

Clause  243,  page  201,  line  16,  leave out ‘provider’ and insert ‘relevant person’.

Mr Simon Burns

Agreed to  688

Clause  243,  page  201,  line  17,  leave out ‘provider’ and insert ‘relevant person’.

Mr Simon Burns

Agreed to  689

Clause  243,  page  201,  line  19,  leave out ‘provider’ and insert ‘relevant person’.

Mr Simon Burns

Agreed to  690

Clause  243,  page  201,  line  22,  leave out ‘provider’ and insert ‘relevant person’.

Mr Simon Burns

Agreed to  691

Clause  243,  page  201,  line  23,  at end insert—

‘(ba)
the Centre considers that—

(i)
the information fails to meet the information standards published

under section 234 (so far as they are applicable), and

(ii)
it would not be in the public interest to publish the information,

or’.

Emily Thornberry

Derek Twigg

Liz Kendall

Not called  653

Clause  243,  page  201,  line  24,  leave out paragraph (c).

Mr Simon Burns

Agreed to  692

Clause  243,  page  201,  line  26,  leave out subsection (2).

Public Bill Committee Proceedings: 31 March 2011
140

Health and Social Care Bill, continued

Mr Simon Burns

Agreed to  693

Clause  243,  page  201,  line  27,  at end insert—

‘(2A)
A direction under section 238 may provide that the obligation to publish imposed

by subsection (1) applies to information falling within subsection (1A)(a).’.

Mr Simon Burns

Agreed to  694

Clause  243,  page  201,  line  27,  at end insert—

‘(2B)
The Information Centre may disseminate to any such persons and in such manner

as it considers appropriate any information which it collects pursuant to a

direction under section 238 or a request under section 239 and which falls within

subsection (2C).

(2C)
Information falls within this subsection if—

(a)
the information is required to be published under this section,

(b)
the information is in a form which identifies any relevant person to whom

the information relates or enables the identity of such a relevant person

to be ascertained and the Centre, after taking into account the public

interest as well as the interests of the relevant person, considers that it is

appropriate for the information to be disseminated, or

(c)
the Centre is prohibited from publishing the information only by virtue

of it falling within subsection (1A)(ba) and the Centre considers it would

be in the public interest for the information to be disseminated.

(2D)
In the case of a direction under section 238 or a mandatory request under section

239 the power in subsection (2B) is subject to the requirements of the direction

or mandatory request.

(2E)
Nothing in this section prevents the Information Centre from disseminating

information (otherwise than by publishing it) pursuant to the exercise of any

function conferred by or under any other provision of this or any other Act.’.

Mr Simon Burns

Agreed to  695

Clause  243,  page  201,  line  28,  leave out subsection (3) and insert—

‘( )
Where the Information Centre publishes information which it collects pursuant to

a direction under section 238 or a mandatory request under section 239 in

accordance with the requirements of the direction or the mandatory request, it

may also publish the information in such other form and such other manner, and

at such other intervals, as it considers appropriate.’.

Mr Simon Burns

Agreed to  696

Clause  243,  page  201,  line  36,  leave out ‘must’ and insert ‘may’.

Mr Simon Burns

Agreed to  697

Clause  243,  page  201,  line  38,  leave out paragraph (b).

Mr Simon Burns

Agreed to  698

Clause  243,  page  201,  line  45,  at end insert—

‘( )
In this section “relevant person” means—

(a)
any person who provides health care or adult social care, or

(b)
any body corporate not falling within paragraph (a).’.

Public Bill Committee Proceedings: 31 March 2011
141

Health and Social Care Bill, continued

Clause, as amended, Agreed to.

Clause 244 Agreed to.

Mr Simon Burns

Agreed to  699

Clause  245,  page  202,  line  24,  leave out from beginning to ‘about’ in line 26 and

insert ‘The Secretary of State must, at least once in any review period, exercise the power

under subsection (1)(b) by requesting the Information Centre to give the Secretary of State

advice’.

Mr Simon Burns

Agreed to  700

Clause  245,  page  202,  line  28,  at end insert—

‘( )
For the purposes of subsection (3) a review period is—

(a)
the period of 3 years beginning with the day on which this section comes

into force, and

(b)
each subsequent period of 3 years.’.

Mr Simon Burns

Agreed to  701

Clause  245,  page  202,  line  32,  at end insert—

‘( )
A person (other than a public body) who provides health services, or adult social

care in England, pursuant to arrangements made with a public body exercising

functions in connection with the provision of such services or care must, in

providing those services or that care, have regard to any advice or guidance given

to the person under this section.’.

Clause, as amended, Agreed to.

Clauses 246 to 253 Agreed to.

Mr Simon Burns

Agreed to  702

Clause  254,  page  205,  line  18,  leave out ‘functions’ and insert ‘of the information

functions of any health or social care body’.

Mr Simon Burns

Agreed to  703

Clause  254,  page  205,  leave out lines 19 and 20.

Clause, as amended, Agreed to.

Clauses 255 to 257 Agreed to.



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