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Health and Social Care Bill


MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN GRAND COMMITTEE


      The amendments have been marshalled in accordance with the Instruction of 1st April 2008, as follows—

Clause 1
Schedule 1
Clauses 2 and 3
Schedule 2
Clauses 4 to 48
Schedule 3
Clauses 49 to 62
Schedule 4
Clauses 63 to 91
Schedule 5
Clauses 92 and 93
Schedule 6
Clause 94
Schedule 7
Clauses 95 to 106
Schedule 8
Clauses 107 to 118
Schedule 9
Clauses 119 to 121
Schedule 10
Clauses 122 to 124
Schedule 11
Clauses 125 to 134
Schedule 12
Clauses 135 to 139
Schedule 13
Clauses 140 to 152
Schedule 14
Clauses 153 to 158
Schedule 15
Clauses 159 to 165

[Amendments marked * are new or have been altered]

Amendment
No.

 

Before Clause 1

 

BARONESS BARKER
BARONESS FINLAY OF LLANDAFF
BARONESS MEACHER
EARL HOWE

1Insert the following new Clause—
  "The regulatory objectives
  In this Part a reference to "the regulatory objectives" is a reference to the objectives of—
(a)  protecting and promoting the public interest;
(b)  protecting and promoting the interests of people who use health and adult social care services and their families and carers, including in particular the need to safeguard and promote the rights and welfare of children in relation to their health and health care;
(c)  promoting safe, high quality and personalised health and adult social care services;
(d)  protecting and promoting the exercise by people of choice, control and power over the health and adult social care services they receive;
(e)  protecting and promoting the human rights, dignity, welfare and independence of people who use health and adult social care services;
(f)  protecting and promoting the rights of people detained under the Mental Health Act 1983 (c. 20), or otherwise deprived of their liberty on the grounds of their mental health or capacity;
(g)  encouraging improvement in the quality and provision of social care services in England;
(h)  encouraging improvement in health for all citizens and in the provision of health care by regulated bodies and, in doing so, ensuring that standards set by the Secretary of State under Chapter 3 of this Part are given effect."
 

Clause 1

 

LORD LIPSEY

2Page 1, line 9, at end insert—
"(   )  The Care Quality Commission shall take responsiblity for the functions specified in section 2 on 1st January 2013."
 

After Clause 1

 

BARONESS BARKER
BARONESS HOWARTH OF BRECKLAND
EARL HOWE

3Insert the following new Clause—
  "The Commission's duty to promote the regulatory objectives etc.
(1)  In discharging its functions, the Commission must comply with the requirements of this section.
(2)  The Commission must, so far as is reasonably practicable, act in a way—
(a)  which is compatible with the regulatory objectives,
(b)  which the Commission considers most appropriate for the purpose of meeting those objectives, and
(c)  which takes continuous account of the views and experiences of people who use health and adult social care services, their families and carers.
(3)  The Commission must also have regard to—
(a)  the principles under which regulatory activities should be transparent, accountable, proportionate, consistent and risk-based, and
(b)  any other principle appearing to it to represent the best regulatory practice."
 

EARL HOWE
BARONESS MASHAM OF ILTON

4Insert the following new Clause—
  "The Commission's principal duty
  It shall be the principal duty of the Care Quality Commission in carrying out its functions to protect and promote the interests of people who use health and adult social care services, including their families and carers, in relation to the safety and quality of those services."
 

EARL HOWE
BARONESS CUMBERLEGE

5Insert the following new Clause—
  "The Commission's duty to report to Parliament on its proposed activities etc.
(1)  Before the start of each financial year the Commission must lay a report before Parliament on its proposed activities for that year, which must in particular report on the following matters—
(a)  the extent of the resources which it intends to commit to its functions in relation to the regulation of adult social care under this Act;
(b)  the extent of the resources which it intends to commit to its functions in relation to the regulation of healthcare under this Act;
(c)  the extent of the resources which it intends to commit to its functions in relation to people detained under the Mental Health Act 1983 (c. 20);
(d)  its general programme of activities;
(e)  the extent to which, in relation to its activities, it intends to involve and consult people who use health and adult social care services, their families and carers; and
(f)  the objectives which it intends to meet in—
(i)  the regulation of healthcare and adult social care; and
(ii)  the performance of its functions in relation to people detained under the Mental Health Act 1983.
(2)  Nothing in this section shall prevent the Commission, following its report to Parliament, from making such adjustments as it considers reasonable to the balance of its resources expended in each area of activity or to its general programme, consultation activities or in-year objectives as set out in sub-section (1).
(3)  But any adjustment made to a matter referred to in subsection (2) which the Commission considers to be substantial should be reported by it, with a reasoned explanation, to Parliament within one month of the adjustment being made."
 

Schedule 1

 

BARONESS BARKER

6Page 110, line 24, at end insert—
"(   )      The Secretary of State must ensure that the Commission includes at least one member appointed under sub-paragraph (1)(b) who has comprehensive experience or knowledge of the provision of adult social care services in England.
(   )      The Secretary of State must ensure that all members of the Commission are appointed on a non-executive basis."
 

LORD LIPSEY
LORD LOW OF DALSTON

7Page 111, line 13, at beginning insert "Subject to sub-paragraphs (1A) and (1B),"
8Page 111, line 14, at end insert—
    "(1A)  The Secretary of State shall set the salary of the chair of the Commission following a full job evaluation carried out by appropriate experts.
    (1B)  The salary shall not be less than the salary which was, prior to the passing of this Act, paid to the chair of the Health Commission."
 

BARONESS BARKER
BARONESS HOWARTH OF BRECKLAND

9Page 111, line 27, at end insert—
    "(   )  The Commission must also appoint a Children and Adult Rights Director, who is to be an employee of the Commission, who must—
    (a)  advise the Commission on the carrying out of its functions in relation to its regulatory objective under section [The regulatory objectives] (e)
    (b)  advise the Commission on how to embed human rights values throughout the work and activities of the Commission, and
    (c)  carry out such other duties as the Commission may direct."
 

BARONESS FINLAY OF LLANDAFF
EARL HOWE

10Page 111, line 43, at end insert—
"(   )      The Commission must appoint an advisory committee ("the Service User Panel") made up of people who are or have recently been users of relevant services, including their families and carers, for the purpose of giving advice or information to it about matters connected with its functions.
(   )      The Commission must have regard to advice and information given to it by the Service User Panel.
(   )      The arrangements must include the establishment and maintenance of such a panel."
 

BARONESS CAMPBELL OF SURBITON
[As an amendment to amendment 10]

11*Line 10, at end insert—
"(   )  The Secretary of State shall appoint a member of the Commission, who must be or recently have been a relevant service user, to chair the Service User Panel."
 

Clause 2

 

LORD HARRIS OF HARINGEY

12Page 2, line 1, at end insert—
"(   )  The Commission shall have the general duty to encourage the provision of health and social care services that are safe, are of high quality and meet the needs of service users."
13Page 2, line 6, at end insert—
"(   )  In performing its functions in respect of the public, patients and users of healthcare and social care services, the Commission shall act in such a way as to—
(a)  protect and promote their interests, health, safety and well-being,
(b)  involve them in all aspects of its work, and
(c)  inform them about standards of service provision."
 

BARONESS BARKER

14Page 2, line 7, leave out subsection (3) to (5)
 

BARONESS BARKER
BARONESS MASHAM OF ILTON
EARL HOWE

15Page 2, line 8, leave out paragraphs (a) and (b) and insert—
"(a)  the need to engage with service users and members of the public through appropriate mechanisms and channels, about activities to which the functions relate,
(b)  the views and experiences of service users and members of the public in relation to such activities,"
 

EARL HOWE
BARONESS CUMBERLEGE

16Page 2, line 8, after "public" insert "(including in particular local involvement networks)"
 

LORD HARRIS OF HARINGEY

17Page 2, line 9, at end insert—
"(   )  any comments or views expressed through any local involvement network established under section 221 of the Local Government and Public Involvement in Health Act 2007 (c. 28) (health services and social services: local involvement networks) that the Commission considers to be relevant to the activities to which the functions relate,"
 

BARONESS STERN
LORD LOW OF DALSTON

18Page 2, line 11, at end insert—
"(   )  the extent to which complaints about the provision of health and social care by members of the public, in particular users of health and social care services, are adequately dealt with by the bodies which it regulates,"
19Page 2, line 16, at end insert—
"(   )  the need to improve the range and quality of information provided by health care and social care services to users of those services about their rights;"
 

LORD HARRIS OF HARINGEY

20Page 2, line 20, at end insert—
"(   )  To assist it in performing its functions, the Commission shall cause to be prepared and published no less frequently than once in each year reports that—
(a)  summarise the comments and views expressed through local involvement networks established under section 221 of the Local Government and Public Involvement in Health Act 2007 (c. 28) that relate to the activities to which the functions relate, and
(b)  consider the effectiveness in each local authority area of the arrangements under that section."
 

EARL HOWE
BARONESS CUMBERLEGE

21Page 2, line 20, at end insert—
"(   )  the need to provide equity of access to medicines and other therapeutic treatments through the consistent application of guidance and technology appraisals produced by the National Institute for Health and Clinical Excellence."
 

EARL HOWE
BARONESS CUMBERLEGE
LORD LOW OF DALSTON

22Page 2, line 21, leave out subsection (4)
 

BARONESS STERN
LORD LOW OF DALSTON

23Page 2, line 26, after second "the" insert "rights and"
 

BARONESS BARKER
BARONESS TONGE
EARL HOWE
BARONESS CUMBERLEGE

24Page 2, line 29, at end insert ", and
(   )  the promotion of sustainable development in relation to such activities."
 

LORD LIPSEY
LORD LOW OF DALSTON

25Page 2, line 29, at end insert—
"(6)  The Commission shall establish a sub-commission responsible for health and mental health.
(7)  The Commission shall establish a sub-commission responsible for social care.
(8)  The sub-commissions established in accordance with subsections (6) and (7) shall be chaired by a non-executive member of the Commission.
(9)  The sub-commission responsible for social care shall comprise non-executive members only."
 

EARL HOWE
BARONESS CUMBERLEGE

26Page 2, line 29, at end insert—
(   )  For the purposes of this Part, "local involvement network" has the meaning given by section 222 of the Local Government and Public Involvement in Health Act 2007 (c. 28)."
 The above-named Lords give notice of their intention to oppose the Question that Clause 2 stand part of the Bill.

 
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©Parliamentary copyright 2008
18 April 2008