Legislative Scrutiny: Welfare Reform Bill; Apprenticeships, Skills, Children and Learning Bill; Health Bill - Human Rights Joint Committee Contents


Annex: Proposed Committee Amendments


Welfare Reform Bill

CONDITIONALITY AND DRUG AND ALCOHOL DEPENDENCY

Page 14, line 17, leave out Clause 9

Page 69, line 21, leave out Schedule 3

Page 79, line 9, leave out paragraph 3

Page 80, line 29, leave out paragraph 5

Page 81, line 11, leave out paragraph 6 and insert:

"Regulations may make provision for or in connection with a rehabilitation plan to address a person's dependency on, or propensity to misuse, any drug."

Page 81, line 17, leave out 'to be imposed on a person'

Page 83, line 17, line 5, at end, insert new subsection:

"() Regulations under paragraph 6 may not impose a sanction in respect of failure to comply with treatment unless recommended by a person having the necessary qualifications or experience and consented to by the person to be subject to the treatment."

PERSONALISATION, INDIVIDUAL BUDGETS AND DISABLED PEOPLE

Page 41, line 20, insert the following new clause:

Relevant services and the application of the Human Rights Act 1998 (c.42)

"() Where any relevant service would otherwise be provided by the appropriate authority or the providing authority, or on their behalf, pursuant to any enactment or through financial assistance provided from public funds, the provision of that service or any provision made to secure that service shall be a public function for the purposes of Section 6 of the Human Rights Act 1998 (c. 42)"

CONTRACTING OUT

Page 8, Line 25, at end insert the following subsection:

"Anything done or omitted to be done by or in relation to an authorised person (or an employee of that person) in, or in connection with, the exercise or purported exercise of the function concerned is to be treated as the exercise of a public function for the purposes of the Human Rights Act 1998 (c.42)."

Apprenticeships, Skills, Children and Learning Bill

UNCRC AS STRATEGIC FRAMEWORK FOR CHILDREN'S PLANS

Clause 188, page 103, line 44, insert:

(6) A Children's Trust Board must have regard to the need to implement the UN Convention on the Rights of the Child when preparing a children and young people's plan.

Health Bill

HEALTHCARE FOR REFUSED ASYLUM SEEKERS

Insert the following new Clause—

Guidance on charges for certain asylum seekers

(1) After section 175 of the National Health Service Act 2006 (c. 41) insert—.

175A  Guidance on charges for certain asylum seekers

(1) It shall be the duty of the Secretary of State to lay before both Houses of Parliament guidance on charges for failed asylum seekers who cannot be returned to their home country.

(2) Guidance laid under subsection (1) shall be brought into force by statutory instrument.

(3) The Secretary of State may not make a statutory instrument containing (whether alone or with other provision) guidance laid under this section unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(4) "Failed asylum seeker" has the same meaning as under section 49 of the Nationality, Immigration and Asylum Act 2002 (c. 41)."


 
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Prepared 29 April 2009