House of Commons Public Bill Committee Proceedings

Session 2010 - 12
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Other Bills before Parliament

35

House of Commons

Thursday 7 July 2011

Public Bill Committee Proceedings

Health and Social Care (Re-committed) Bill

[seveNTH AND EIGhTH Sittings]

The Bill is re-committed in respect of the following Clauses and Schedules:

Clauses 1 to 6, 9 to 11, 19 to 24, 28 and 29, Schedules 1 to 3, Clauses 55 and 56, 58

and 59, 63 to 75, 100 and 101, 112 to 117, 147, Schedules 8 and 9, Clauses 149, 156,

165 and 166, 176, 178 to 180, 189 to 193, Schedule 15, Clauses 242, 265, 285 and 286,

295, 297 and 298.

Liz Kendall

Emily Thornberry

Owen Smith

Not selected  11

Page  74,  line  29,  leave out Clause 55.

Clause Agreed to on division.

Schedule 8 Agreed to.

Mr Simon Burns

Agreed to  148

Clause  56,  page   74,  line  37,  leave out from ‘services’ to end of line 2 on page 75

and insert ‘by promoting provision of health care services which—

(a)
is economic, efficient and effective, and

(b)
maintains or improves the quality of the services.’.

Liz Kendall

Emily Thornberry

Owen Smith

Negatived on division  40

Clause  56,  page  75,  line  1,  leave out paragraphs (a) and (b) and insert ‘by

promoting collaboration and integration within health services in England’.

Public Bill Committee Proceedings: 7 July 2011
36

Health and Social Care (Re-committed) Bill, continued

Mr Simon Burns

Agreed to  149

Clause  56,  page   75,  line  4,  at end insert—

‘(2A)
Monitor must exercise its functions with a view to preventing anti-competitive

behaviour in the provision of health care services for the purposes of the NHS

which is against the interests of people who use such services.

(2B)
Monitor must exercise its functions with a view to enabling health care services

provided for the purposes of the NHS to be provided in an integrated way where

it considers that this would—

(a)
improve the quality of those services (including the outcomes that are

achieved from their provision) or the efficiency of their provision,

(b)
reduce inequalities between persons with respect to their ability to access

those services, or

(c)
reduce inequalities between persons with respect to the outcomes

achieved for them by the provision of those services.

(2C)
Monitor must exercise its functions with a view to enabling the provision of

health care services provided for the purposes of the NHS to be integrated with

the provision of health-related services or social care services where it considers

that this would—

(a)
improve the quality of those health care services (including the outcomes

that are achieved from their provision) or the efficiency of their

provision,

(b)
reduce inequalities between persons with respect to their ability to access

those health care services, or

(c)
reduce inequalities between persons with respect to the outcomes

achieved for them by the provision of those health care services.

(2D)
Monitor must, in carrying out its duties under subsections (2B) and (2C), have

regard to the way in which—

(a)
the National Health Service Commissioning Board carries out its duties

under section 13J of the National Health Service Act 2006, and

(b)
commissioning consortia carry out their duties under section 14OC of

that Act.’.

Mr Simon Burns

Agreed to  150

Clause  56,  page  75,  line  4,  at end insert—

‘( )
Monitor must secure that people who use health care services, and other members

of the public, are involved to an appropriate degree in decisions that Monitor

makes about the exercise of its functions (other than decisions it makes about the

exercise of its functions in a particular case).’.

Mr Simon Burns

Agreed to  151

Clause  56,  page   75,  line  5,  leave out subsection (3).

Mr Simon Burns

Agreed to  152

Clause  56,  page  75,  line  6,  at end insert—

‘( )
Monitor must obtain advice appropriate for enabling it effectively to discharge its

functions from persons who (taken together) have a broad range of professional

expertise in—

(a)
the prevention, diagnosis or treatment of illness (within the meaning of

the National Health Service Act 2006), and

Public Bill Committee Proceedings: 7 July 2011
37

Health and Social Care (Re-committed) Bill, continued

(b)
the protection or improvement of public health.’.

Mr Simon Burns

Agreed to  153

Clause  56,  page  75,  line  9,  at end insert—

‘( )
Monitor must not exercise its functions for the purpose of causing a variation in

the proportion of health care services provided for the purposes of the NHS that

is provided by persons of a particular description if that description is by

reference to—

(a)
whether the persons in question are in the public or (as the case may be)

private sector, or

(b)
some other aspect of their status.’.

Mr Simon Burns

Agreed to  154

Clause  56,  page   75,  line  9,  at end insert—

‘( )
In this section—

“health-related services” means services that may have an effect on people’s

health but are not health care services or social care services;

“social care services” means services that are provided in pursuance of the

social services functions of local authorities (within the meaning of the

Local Authority Social Services Act 1970).’.

Mr Simon Burns

Agreed to  155

Clause  56,  page   75,  line  10,  leave out subsections (5) to (8).

Liz Kendall

Emily Thornberry

Owen Smith

Not selected  12

Page  74,  line  35,  leave out Clause 56.

Clause, as amended, Agreed to on division.

Mr Simon Burns

Agreed to  156

Clause  58,  page  76,  line  11,  at end insert—

‘( )
the desirability of persons who provide health care services for the

purposes of the NHS co-operating with each other in order to improve the

quality of health care services provided for those purposes,’.

Liz Kendall

Emily Thornberry

Owen Smith

Not selected  13

Page  75,  line  38,  leave out Clause 58.

Public Bill Committee Proceedings: 7 July 2011
38

Health and Social Care (Re-committed) Bill, continued

Clause, as amended, Agreed to.

Liz Kendall

Emily Thornberry

Owen Smith

Not selected  14

Page  76,  line  29,  leave out Clause 59.

Clause Agreed to.

Mr Simon Burns

Agreed to  157

Clause  63,  page  79,  line  29,  leave out ‘a function’ and insert ‘any function of

Monitor’s’.

Liz Kendall

Emily Thornberry

Owen Smith

Not selected  15

Page  79,  line  27,  leave out Clause 63.

Clause, as amended, Agreed to.

[Adjourned until Tuesday 12 July at 10.30 am



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