Health and Social Care Bill. Lords committee stage twelfth day. Clauses 58 to 147 agreed to, with clauses 62, 78, 82, 93, 95, 96, 101, 107, 115, 116, 119, 121, 127, 131, 135, 138, 139, 140 amended. Schedule 8 agreed to. Schedules 9 to 12 agreed to as amended.
Health and Social Care Bill
Committee of the Whole House (HL)
and
Debate on bills on Tuesday, 13 December 2011,
in the House of Lords.
About these Parliamentary proceedings
Reference
733 c1105-53, 1163-231, 1239-74 Session
2010-12Legislative stage
Committee stageChamber / Committee
House of Lords chamberRelated items
Health and Social Care Bill. In two volumes. Brought from the Commons. Explanatory Notes HL Bill 92-EN also published.
Thursday, 8 September 2011
Bills
House of Lords
Thursday, 8 September 2011
Bills
House of Lords
Constitution Select Committee (HL) eighteenth report on the Health and Social Care Bill.
Wednesday, 14 September 2011
Parliamentary committees
House of Lords
Wednesday, 14 September 2011
Parliamentary committees
House of Lords
Delegated Powers and Regulatory Reform Committee. Nineteenth report on: Health and Social Care Bill; London Olympic Games and Paralympic Games (Amendment) Bill; Terrorism Prevention and Investigation Measures Bill. (Lords Minutes).
Friday, 14 October 2011
Parliamentary committees
House of Lords
Friday, 14 October 2011
Parliamentary committees
House of Lords
Proceeding contributions
Baroness Thornton | 733 c1174 (Link to this contribution)
We are yet again in the territory of Monitor setting its own rules and implementing them, and of the...
Baroness Thornton | 733 c1105 (Link to this contribution)
260EA: Clause 58, page 87, line 9, at end insert—
““(c) is to continue as regulator of NHS Foundatio...
Show all contributions (224)
Earl Howe | 733 c1111-2 (Link to this contribution)
My Lords, I thought it might be helpful to the Committee if I intervened relatively briefly at this ...
Baroness Thornton | 733 c1105-11 (Link to this contribution)
My Lords, at last we move to Part 3. I hope the House will tolerate a longer speech from me than I n...
Earl Howe | 733 c1112-4 (Link to this contribution)
What the noble Baroness says it quite right. It would be open to a future Secretary of State to exte...
Baroness Armstrong of Hill Top | 733 c1112 (Link to this contribution)
The noble Earl knows that that part of the Bill does that only for a limited period of time. He also...
Lord Clement-Jones | 733 c1114-7 (Link to this contribution)
My Lords, I very much appreciate the opening speeches from both sides on this group of amendments. I...
Lord Newton of Braintree | 733 c1121-3 (Link to this contribution)
My Lords, I rise first to express my regrets to the House that, ironically for reasons connected to ...
Lord Ribeiro | 733 c1129-32 (Link to this contribution)
My Lords, Amendment 278BA in my name will appear later this afternoon under Clause 71. In view of th...
Lord Whitty | 733 c1128-9 (Link to this contribution)
My Lords, I will intervene only briefly because most of the points on competition were made very elo...
Lord Rea | 733 c1127-8 (Link to this contribution)
My Lords, I would like to make a very few remarks on competition versus co-operation from a clinical...
Baroness Meacher | 733 c1124-7 (Link to this contribution)
My Lords, I rise to speak in support of Amendment 260EA which, as I understand it, seeks to maintain...
Baroness Armstrong of Hill Top | 733 c1136 (Link to this contribution)
It certainly was not. I do not believe that the previous Government ever acted just on price, despit...
Lord Ribeiro | 733 c1136 (Link to this contribution)
Does the noble Baroness agree with me about the pricing of ISTCs? As a surgeon I had a perfectly goo...
Baroness Armstrong of Hill Top | 733 c1134-6 (Link to this contribution)
My Lords, I want to ask the Minister questions, although the debate tempts me into other things. I w...
Baroness Cumberlege | 733 c1132-4 (Link to this contribution)
My Lords, I have listened very carefully to the debate. I think that it has been one of the best tha...
Lord Walton of Detchant | 733 c1137 (Link to this contribution)
Is it not the case that procedures can be more easily and more cheaply carried out in the private se...
Earl Howe | 733 c1137 (Link to this contribution)
My Lords, I thank all noble Lords who have contributed to what has been a first-class debate. While ...
Baroness Thornton | 733 c1137 (Link to this contribution)
If that is the case, why do 20 clauses in this part of the Bill refer explicitly to the Competition ...
Baroness Thornton | 733 c1140 (Link to this contribution)
Before the noble Earl moves on, I would like to be completely clear. Is the Minister saying that Mon...
Earl Howe | 733 c1139-40 (Link to this contribution)
My Lords, the noble Lord, not for the first time, is ahead of me. It is no accident that we have a g...
Earl Howe | 733 c1140 (Link to this contribution)
My Lords, competition law potentially applies to the provision of services throughout the NHS. Monit...
Lord Owen | 733 c1138 (Link to this contribution)
What about the issue of letting the House have the information that was produced for the previous Go...
Earl Howe | 733 c1137-8 (Link to this contribution)
They are there because this is the first time that any Government have attempted to bring together u...
Lord Davies of Stamford | 733 c1139 (Link to this contribution)
Can I take the Minister back to the all-important matter of Monitor? I think he said this morning th...
Earl Howe | 733 c1138 (Link to this contribution)
I shall indeed look very willingly at that question and I am grateful to the noble Lord for raising ...
Lord Clement-Jones | 733 c1141 (Link to this contribution)
I apologise for interrupting the noble Earl. However, to guide the letter, I want to point out that ...
Earl Howe | 733 c1141-2 (Link to this contribution)
My noble friend speaks with great expertise. It would be helpful if I could cover that point when I ...
Baroness Thornton | 733 c1140-1 (Link to this contribution)
In a way, that goes back to my original question: will the Secretary of State no longer decide, for ...
Earl Howe | 733 c1141 (Link to this contribution)
Monitor would ask itself: is the arrangement we are looking at for, let us say, an A&E department th...
Earl Howe | 733 c1143-4 (Link to this contribution)
Once again, the word ““micromanagement”” springs to mind. We want to get away from the Secretary of ...
Lord Hunt of Kings Heath | 733 c1143 (Link to this contribution)
My Lords, I do not see how the noble Earl can get away from that. We have recently seen that the Sec...
Lord Hunt of Kings Heath | 733 c1143 (Link to this contribution)
My Lords, I declare my interest as chair of a foundation trust. It is quite simple for commissioners...
Earl Howe | 733 c1142-3 (Link to this contribution)
That is helpful. My noble friend and I are clearly in agreement. I apologise if I imputed any differ...
Lord Clement-Jones | 733 c1144 (Link to this contribution)
The noble Earl said himself that we are clearly in slightly—very—uncharted territory here, and refer...
Baroness Thornton | 733 c1144-6 (Link to this contribution)
My Lords, this has been an absolutely brilliant and very helpful debate to everybody in the Committe...
Earl Howe | 733 c1144 (Link to this contribution)
My Lords, my noble friend’s speech earlier in the debate will repay careful study. I intend to be on...
Baroness Thornton | 733 c1146 (Link to this contribution)
All I would say in answer to the noble Baroness is that there is no known health service in the worl...
Baroness Cumberlege | 733 c1146 (Link to this contribution)
Is the noble Baroness aware of Gaynor et al and the work they have done? I quote again from Protecti...
Baroness Cumberlege | 733 c1146 (Link to this contribution)
The noble Baroness should look at this document and at the research which is stated in it.
Baroness Thornton | 733 c1146 (Link to this contribution)
We are talking about the whole system, not a small part of it. We can share our intelligence outside...
Lord Reid of Cardowan | 733 c1146 (Link to this contribution)
Perhaps I can be helpful. The noble Baroness referred to a study of the competition element, which w...
Baroness Thornton | 733 c1147 (Link to this contribution)
My noble friend comes to my assistance in a very appropriate fashion and puts it much better than I ...
Earl Howe | 733 c1147 (Link to this contribution)
My Lords, before the noble Baroness sits down, does she accept that European procurement law already...
Baroness Rawlings | 733 c1147 (Link to this contribution)
My Lords, before we move to the next group of amendments, it may be for the convenience of the House...
Baroness Thornton | 733 c1148-9 (Link to this contribution)
The point I am making concerns what we need to do for the future. What happened in Mid Staffs has so...
Baroness Murphy | 733 c1148 (Link to this contribution)
I am sorry to interrupt. The situation at Mid Staffs arose following the approval of the Department ...
Baroness Thornton | 733 c1147-8 (Link to this contribution)
My Lords, I promise that this will be a very much shorter speech. We now turn to the second group, w...
Baroness Thornton | 733 c1147 (Link to this contribution)
260EB: Clause 58, page 87, line 9, at end insert—
““(d) is to take on the further duties as set out ...
Baroness Finlay of Llandaff | 733 c1152-3 (Link to this contribution)
My Lords, I have amendments in this group and in light of the previous debate I do not want to repea...
Baroness Williams of Crosby | 733 c1149-51 (Link to this contribution)
I would like to address just one of the amendments in this group, which is in my name and that of my...
Lord Clement-Jones | 733 c1151-2 (Link to this contribution)
My Lords, I shall be brief. I wish to speak to Amendments 281A and 288ZA, to support my noble friend...
Earl Howe | 733 c1167 (Link to this contribution)
My Lords, I apologise to the noble Baroness if I skirted over the considerable number of questions s...
Baroness Finlay of Llandaff | 733 c1166-7 (Link to this contribution)
My Lords, can the Minister provide clarification on the questions I asked? First, who is going to de...
Earl Howe | 733 c1167 (Link to this contribution)
Will my noble friend allow me to write to him on that?
Lord Clement-Jones | 733 c1167 (Link to this contribution)
I have another amendment on which the Minister might find a lacuna—Amendment 287A, which deals with ...
Baroness Anelay of St Johns | 733 c1163-4 (Link to this contribution)
My Lords, I appreciate that this procedure is not common, but it is not novel. The noble Baroness, L...
Earl Howe | 733 c1164-6 (Link to this contribution)
My Lords, licence conditions will be the mechanism through which Monitor will be able to prevent pot...
Baroness Murphy | 733 c1164 (Link to this contribution)
Thank you very much indeed. I just want to comment briefly on the amendments on licensing. Some of t...
Lord Clement-Jones | 733 c1167 (Link to this contribution)
I assumed that he would make that undertaking.
Baroness Thornton | 733 c1167-8 (Link to this contribution)
I am glad that the noble Lord, Lord Clement-Jones, asked that, because I was waiting to hear what th...
Baroness Thornton | 733 c1168 (Link to this contribution)
260EC: Schedule 8, page 361, line 15, at end insert—
““( ) The chair and the chief executive must be...
Baroness Thornton | 733 c1258 (Link to this contribution)
Perhaps I may ask for clarification. The noble Earl refers to providers all the way through. Can we ...
Earl Howe | 733 c1258 (Link to this contribution)
My Lords, when I refer to providers of NHS services, I am referring to NHS providers and non-NHS pro...
Baroness Thornton | 733 c1259 (Link to this contribution)
I thank noble Lords. I will take only a moment, but we will need to return to this. First, this was ...
Earl Howe | 733 c1259-60 (Link to this contribution)
284A: Clause 93, page 107, line 13, leave out ““National Health Service Commissioning Board”” and in...
Baroness Finlay of Llandaff | 733 c1258-9 (Link to this contribution)
Before we finish this set of amendments, I want to mention a particular group. I am grateful to the ...
Earl Howe | 733 c1259 (Link to this contribution)
I am grateful to the noble Baroness and will take that point away.
Earl Howe | 733 c1260-1 (Link to this contribution)
287C: Clause 96, page 109, line 38, after ““NHS”” insert ““in order to ensure the continued provisio...
Earl Howe | 733 c1261 (Link to this contribution)
288A: Schedule 10, page 372, line 26, after ““are”” insert ““not””
288B: Schedule 10, page 373, li...
Earl Howe | 733 c1260 (Link to this contribution)
285A: Clause 93, page 107, line 22, at end insert—
““( ) If, at the time Monitor discharges the func...
Earl Howe | 733 c1260 (Link to this contribution)
286B: Clause 95, page 108, line 21, at end insert ““provided for the purposes of the NHS””
Amendmen...
Lord Clement-Jones | 733 c1249-50 (Link to this contribution)
My Lords, I thank the Minister for a totally convincing response. The trouble is that it was a respo...
Baroness Northover | 733 c1250 (Link to this contribution)
I do not wish to interrupt my noble friend’s flow. If I have not covered all the areas that he wishe...
Lord Clement-Jones | 733 c1250-1 (Link to this contribution)
My Lords, we could all be tripped up at this late hour, as, indeed, I was earlier. However, it is a ...
Earl Howe | 733 c1251 (Link to this contribution)
278L: Clause 78, page 101, line 10, after ““considers”” insert ““would or””
Amendment 278L agreed.
...
Earl Howe | 733 c1251 (Link to this contribution)
280A: Clause 82, page 102, line 16, leave out first ““a”” and insert ““any””
Amendment 280A agreed....
Earl Howe | 733 c1251-2 (Link to this contribution)
281B: Clause 82, page 102, line 41, leave out subsection (8) and insert—
““( ) Where an exemption is...
Baroness Thornton | 733 c1252 (Link to this contribution)
282ZA: Clause 85, page 104, line 11, at end insert—
““( ) Such criteria must include the requirement...
Baroness Thornton | 733 c1252-5 (Link to this contribution)
My Lords, I start by congratulating noble Lords on making it through this day of debate. We are endi...
Baroness Finlay of Llandaff | 733 c1255 (Link to this contribution)
My Lords, I have several amendments in this group. I shall start with Amendment 294N, which is a pro...
Earl Howe | 733 c1255-8 (Link to this contribution)
My Lords, this has been an excellent short debate on a large number of amendments, but focusing on a...
Lord Clement-Jones | 733 c1241-2 (Link to this contribution)
My Lords, I shall speak also to Amendment 278H. This is somewhat of a continuation of the debate tha...
Lord Owen | 733 c1242-3 (Link to this contribution)
My Lords, I gave notice that I would raise this matter under whether the clause should stand part of...
Earl Howe | 733 c1240-1 (Link to this contribution)
278D: Schedule 9, page 368, line 12, leave out from ““contains”” to the end of line 14 and insert ““...
Lord Clement-Jones | 733 c1241 (Link to this contribution)
278G: Clause 75, page 98, line 25, at end insert—
““( ) The cases referred to in subsections (2) and...
Baroness Wheeler | 733 c1246-7 (Link to this contribution)
I also support Amendment 295G from the noble Baroness, Lady Greengross, replacing the similar amendm...
Baroness Northover | 733 c1247-9 (Link to this contribution)
My Lords, we have two diverse areas in this particular group. Clause 75 would consolidate the oversi...
Lord Warner | 733 c1246 (Link to this contribution)
My Lords, I also support the amendment of the noble Baroness, Lady Greengross. I do so from the pers...
Baroness Greengross | 733 c1243-4 (Link to this contribution)
My Lords, I was recently privileged to be the lead commissioner for the Equality and Human Rights Co...
Lord Low of Dalston | 733 c1244-5 (Link to this contribution)
My Lords, I have added my name to Amendment 295G, to which my noble friend Lady Greengross has just ...
Earl Howe | 733 c1271-2 (Link to this contribution)
Contrary to popular opinion, there have been cases of very successful and rapid reconfigurations of ...
Earl Howe | 733 c1273 (Link to this contribution)
295B: Clause 131, page 136, line 40, after ““provider”” insert ““of health care services for the pur...
Lord Warner | 733 c1272-3 (Link to this contribution)
My Lords, I am grateful to everyone who has spoken in this debate for the support that the thrust of...
Earl Howe | 733 c1273-4 (Link to this contribution)
295D: Clause 138, page 141, line 6, leave out second ““that”” and insert ““the current financial yea...
Earl Howe | 733 c1273 (Link to this contribution)
295C: Clause 135, page 139, line 44, at end insert ““(but for this not to affect any other method of...
Earl Howe | 733 c1274 (Link to this contribution)
295F: Clause 140, page 143, line 38, at end insert ““(but this does not affect any other method of r...
Earl Howe | 733 c1274 (Link to this contribution)
295EB: Clause 139, page 141, line 36, after ““more”” insert ““potentially liable””
295EC: Clause 1...
Baroness Thornton | 733 c1271 (Link to this contribution)
Does not the experience of the last few years—we can name the hospitals concerned—show exactly the o...
Earl Howe | 733 c1270-1 (Link to this contribution)
My Lords, before that intervention I was about to say that I was very pleased that the noble Lord, L...
Baroness Thornton | 733 c1270 (Link to this contribution)
I have a very small piece of advice to give the Minister. I always think that it is best to give in ...
Earl Howe | 733 c1270 (Link to this contribution)
My Lords, may I say to the noble Lord, Lord Warner, that I am very pleased that—
Lord Davies of Stamford | 733 c1269-70 (Link to this contribution)
My Lords, I do not want to hold up the House for too long, but I feel that someone should respond to...
Baroness Murphy | 733 c1269 (Link to this contribution)
My Lords, I have added my name to this amendment because it fills in the hole in this Bill that I am...
Baroness Williams of Crosby | 733 c1268-9 (Link to this contribution)
My Lords, at this late hour I will keep the Committee only for a moment or two. I congratulate the n...
Lord Warner | 733 c1266-8 (Link to this contribution)
My Lords, I rise to a rapt audience to move Amendment 295AA, which will really test the concentratio...
Lord Warner | 733 c1266 (Link to this contribution)
295AA: After Clause 130, insert the following new Clause—
““Prior actions to health special administ...
Earl Howe | 733 c1266 (Link to this contribution)
295A: Clause 127, page 134, line 46, at end insert ““or (b)””
Amendment 295A agreed.
Clause 127, a...
Earl Howe | 733 c1264-5 (Link to this contribution)
294C: Schedule 12, page 380, line 5, leave out from ““each”” to end of line 6 and insert ““objector”...
Earl Howe | 733 c1265-6 (Link to this contribution)
294L: Clause 121, page 129, line 28, after ““are”” insert ““not””
Amendment 294L agreed.
Clause 12...
Lord Davies of Stamford | 733 c1263 (Link to this contribution)
294AZB: Clause 115, page 124, line 28, at end insert—
““(5A) Where the commissioner of a health serv...
Earl Howe | 733 c1263 (Link to this contribution)
294A: Clause 115, page 124, line 14, leave out subsection (4)
Amendment 294A agreed.
Amendment 294...
Earl Howe | 733 c1264 (Link to this contribution)
294B: Clause 116, page 125, line 26, leave out ““guidance”” and insert ““such guidance as Monitor pr...
Lord Davies of Stamford | 733 c1263-4 (Link to this contribution)
My Lords, I had intended to move this, and to take the opportunity to respond to one or two points t...
Earl Howe | 733 c1261-2 (Link to this contribution)
288D: Clause 101, page 115, line 10, at end insert ““or the conditions of a particular licence””
Am...
Earl Howe | 733 c1262-3 (Link to this contribution)
288F: Clause 107, page 118, line 5, leave out from ““include”” to the end of line 7 and insert ““inf...
Earl Howe | 733 c1262 (Link to this contribution)
288E: Schedule 11, page 378, line 35, leave out from ““contains”” to the end of line 37 and insert “...
Baroness Williams of Crosby | 733 c1175 (Link to this contribution)
I am puzzled by why the Government do not see the Competition Commission’s overseeing of this area o...
Earl Howe | 733 c1175-6 (Link to this contribution)
I think it is a question of specialist expertise. I do not regard it as heavy-handed to have the Com...
Earl Howe | 733 c1174-5 (Link to this contribution)
My Lords, I will come on to that in a moment. The Secretary of State would also have specific powers...
Baroness Thornton | 733 c1175 (Link to this contribution)
Did the Government consider any bodies other than the Competition Commission as being appropriate to...
Baroness Thornton | 733 c1176 (Link to this contribution)
I think that almost the first sentence I uttered in this debate was: will Monitor meet in public; an...
Baroness Thornton | 733 c1168-70 (Link to this contribution)
We turn now to the very important matter of Monitor and accountability. I see that many noble Lords ...
Baroness Williams of Crosby | 733 c1172-3 (Link to this contribution)
My Lords, I wish to address my Amendments 274AA, 274C, 274D and 274E in this group. I shall speak as...
Earl Howe | 733 c1173-4 (Link to this contribution)
My Lords, I think that this has been a very useful debate. The Bill provides a more autonomous NHS, ...
Lord Clement-Jones | 733 c1170-1 (Link to this contribution)
My Lords, I would like to continue the train of thought started by the noble Baroness, Lady Thornton...
Lord Warner | 733 c1171-2 (Link to this contribution)
I thought there was going to be an intervention from my left. I was not going to intervene in the de...
Lord Warner | 733 c1179-80 (Link to this contribution)
Is the Committee happy for me to continue? I consider that research evidence as is available, such a...
Lord Clement-Jones | 733 c1179 (Link to this contribution)
I am grateful to the noble Baroness.
Baroness Thornton | 733 c1179 (Link to this contribution)
Perhaps I may help. I think that the thing to do is to deal with this group of amendments and the no...
Lord Clement-Jones | 733 c1179 (Link to this contribution)
My Lords, I think that that is inadvertent. We seem to have missed a whole group of amendments.
Viscount Ullswater | 733 c1178-9 (Link to this contribution)
We are on the group beginning with Amendment 265ZA, which was not moved. The next two amendments in ...
Lord Clement-Jones | 733 c1178 (Link to this contribution)
My Lords, we seem to have skipped a whole group, but for what purpose? I was planning to move Amendm...
Viscount Ullswater | 733 c1178 (Link to this contribution)
Perhaps I may clarify matters for the Committee. The group that we are now discussing begins with Am...
Baroness Murphy | 733 c1181-2 (Link to this contribution)
My Lords, I wanted to come in on this matter of anti-competitive practices and the role of Monitor i...
Lord Clement-Jones | 733 c1181 (Link to this contribution)
My Lords, I wish to speak to Amendment 287B. In his speech at the outset of today’s debate, the Mini...
Baroness Williams of Crosby | 733 c1180-1 (Link to this contribution)
My Lords, I am very grateful that Amendment 265C has somehow managed to escape from the tsunami of a...
Lord Walton of Detchant | 733 c1177 (Link to this contribution)
Will the Minister say whether, if Monitor is to meet in public, it will have reserve powers to allow...
Earl Howe | 733 c1176-7 (Link to this contribution)
My Lords, I hear what my noble friend says, but the fact is that the amendments he refers to would r...
Baroness Thornton | 733 c1177 (Link to this contribution)
My Lords, I think this has been an extremely useful debate. I can see why this Government may not tr...
Earl Howe | 733 c1177 (Link to this contribution)
The answer is yes, although we do not expect that Monitor would ever have occasion to see named pati...
Lord Clement-Jones | 733 c1176 (Link to this contribution)
The Minister said that he thought that the amendments tabled by my noble friend Lady Williams—Amendm...
Earl Howe | 733 c1176 (Link to this contribution)
The answer is yes.
Lord Warner | 733 c1178 (Link to this contribution)
266: Clause 59, page 87, line 21, at end insert ““and in discharging this duty will conduct and publ...
Earl Howe | 733 c1177-8 (Link to this contribution)
I was accepting that particular principle, but I will follow it up in writing.
Amendment 260EC with...
Baroness Murphy | 733 c1178 (Link to this contribution)
I apologise. I think that the group we should be addressing begins with an amendment in my name. Unf...
Lord Warner | 733 c1178 (Link to this contribution)
My Lords, this amendment is in my name and that of the noble Lord, Lord Patel. I begin by briefly ma...
Lord Warner | 733 c1191 (Link to this contribution)
I beg your pardon. I am rather dozy this afternoon on this group of amendments. I beg leave to withd...
Earl Howe | 733 c1193-4 (Link to this contribution)
My Lords, I understand and well appreciate the concern of the noble Baroness to ensure a high standa...
Lord Beecham | 733 c1192-3 (Link to this contribution)
My Lords, it saddens me to say that 41 years ago I became Opposition spokesman on the Newcastle City...
Baroness Finlay of Llandaff | 733 c1191 (Link to this contribution)
267ZDB: Clause 59, page 88, line 6, at end insert—
““(c) local authorities carry out their duties in...
Baroness Murphy | 733 c1195-6 (Link to this contribution)
I realise that I have another amendment in this group, and I would have saved the Committee a great ...
Lord Clement-Jones | 733 c1195 (Link to this contribution)
My Lords, I am sure that this was well worth waiting for, but it could be the mouse that roared. We ...
Lord Clement-Jones | 733 c1194 (Link to this contribution)
267ZF: Clause 59, page 88, line 10, at end insert ““and Monitor must obtain advice from Healthwatch ...
Baroness Finlay of Llandaff | 733 c1194 (Link to this contribution)
I am grateful to the noble Earl for his response. It is those transitional points that we have been ...
Baroness Finlay of Llandaff | 733 c1196 (Link to this contribution)
My Lords, I half spoke previously to the need for Monitor to have regard to complex clinical conditi...
Baroness Northover | 733 c1183 (Link to this contribution)
The noble Baroness might be aware that Amendment 267C has leapfrogged from the group with Amendment ...
Baroness Finlay of Llandaff | 733 c1182-3 (Link to this contribution)
My Lords, the noble Lord, Lord Warner, was most helpful in setting out the criteria with which one w...
Lord Beecham | 733 c1183-5 (Link to this contribution)
My Lords, in the first instance, I shall speak to Amendments 267ZDA and 269 in the names of my noble...
Baroness Finlay of Llandaff | 733 c1183 (Link to this contribution)
I thank the noble Baroness. I am most grateful. That message had not reached me, although I may be a...
Lord Walton of Detchant | 733 c1186-7 (Link to this contribution)
My Lords, I shall be brief in speaking to these amendments. I wholly agree with the principle outlin...
Lord Whitty | 733 c1185-6 (Link to this contribution)
My Lords, I apologise for not being here at the beginning of the consideration of this group because...
Earl Howe | 733 c1187-90 (Link to this contribution)
My Lords, there are some extremely helpful amendments in this group. Indeed, there has been a great ...
Lord Patel | 733 c1187 (Link to this contribution)
My Lords, briefly, we are getting a bit confused between the amendment of the noble Lord, Lord Warne...
Earl Howe | 733 c1190 (Link to this contribution)
My Lords, the noble Lord makes a telling point. I took on board entirely what the noble Baroness, La...
Lord Warner | 733 c1190 (Link to this contribution)
I want to briefly respond to what the noble Earl said about Amendment 266, particularly in the light...
Lord Clement-Jones | 733 c1204 (Link to this contribution)
My Lords, Monitor has a range of duties which could potentially conflict with each other. Of course,...
Baroness Finlay of Llandaff | 733 c1204-5 (Link to this contribution)
My Lords, I have an amendment in this group which really builds on the amendment already spoken to c...
Lord Davies of Stamford | 733 c1205-7 (Link to this contribution)
My Lords, I find it not entirely surprising that a number of us this afternoon have found it difficu...
Baroness Northover | 733 c1202 (Link to this contribution)
I am sorry to interrupt my noble friend, but perhaps I did not make it clear enough that Clause 178 ...
Lord Clement-Jones | 733 c1203 (Link to this contribution)
Yes, my Lords, absolutely. I read that with great interest following my noble friend’s speech. Howev...
Earl Howe | 733 c1203-4 (Link to this contribution)
270A: Clause 62, page 89, line 26, after ““services”” insert ““provided””
Amendment 270A agreed.
A...
Lord Clement-Jones | 733 c1204 (Link to this contribution)
274ZA: Clause 63, page 90, line 16, at end insert ““with a paramount duty towards the safety of peop...
Baroness Northover | 733 c1202 (Link to this contribution)
I seem to have been inspired. We do not need primary legislation, it seems, we need regulations subj...
Lord Warner | 733 c1201 (Link to this contribution)
Perhaps I could pursue this a little further. Is the Minister saying that the current legislation is...
Baroness Northover | 733 c1201-2 (Link to this contribution)
The noble Lord himself mentioned that things did not work out quite as badly as one might have expec...
Lord Warner | 733 c1201 (Link to this contribution)
Perhaps I could ask the noble Baroness to go a little further. Does she envisage that after this con...
Baroness Northover | 733 c1201 (Link to this contribution)
Perhaps the noble Lord is seeking for me to pre-empt what will emerge from the discussion document t...
Lord Beecham | 733 c1199 (Link to this contribution)
My Lords, I am happy to endorse all the amendments in this group, with the exception of Amendment 27...
Baroness Northover | 733 c1199-201 (Link to this contribution)
My Lords, this is the group of amendments that we almost came to earlier this afternoon. I hope that...
Lord Nickson | 733 c1199 (Link to this contribution)
My Lords, I am afraid that I was not present at Second Reading but I am moved to support this amendm...
Lord Walton of Detchant | 733 c1197-8 (Link to this contribution)
My Lords, I support the amendment proposed by my noble friend Lady Finlay because this is an extreme...
Lord Warner | 733 c1196-7 (Link to this contribution)
My Lords, I apologise that my enthusiasm for Amendment 274ZZB caused me to move it partially in an e...
Lord Clement-Jones | 733 c1217-9 (Link to this contribution)
My Lords, I will speak to Amendment 292ZA, the question that Clauses 119 and 120 stand part, and Ame...
Baroness Finlay of Llandaff | 733 c1219 (Link to this contribution)
My Lords, I am tempted to say, ““Follow that””; I certainly cannot. The reason why my Amendment 294B...
Lord Davies of Stamford | 733 c1219-22 (Link to this contribution)
My Lords, I shall speak to—I had better read this out; I cannot possibly remember it—Amendment 294AZ...
Lord Warner | 733 c1222-3 (Link to this contribution)
My Lords, I have some sympathy with some of the remarks made by my noble friend Lord Davies of Stamf...
Baroness Murphy | 733 c1223-4 (Link to this contribution)
My Lords, I would like to make a few remarks about tariff and price setting and echo the words of th...
Lord Clement-Jones | 733 c1212 (Link to this contribution)
My Lords, we have gone on rather far. Amendment 276 has not been moved, but that amendment marked th...
Baroness Thornton | 733 c1213-5 (Link to this contribution)
My Lords, we have yet again leapt to a larger group, and I know that the noble Lord, Lord Clement-Jo...
Baroness Gould of Potternewton | 733 c1216-7 (Link to this contribution)
My Lords, I shall speak to Amendment 292A. As it stands, Clause 114(11) will have a negative effect ...
Lord Butler of Brockwell | 733 c1215-6 (Link to this contribution)
My Lords, I shall speak to Amendments 288H and 291A, in my name and the names of the noble Lords, Lo...
Earl Howe | 733 c1210-1 (Link to this contribution)
I refer the noble Lord to the remarks I made earlier. The provisions are partly transitional and par...
Lord Clement-Jones | 733 c1211 (Link to this contribution)
My Lords, I thank my noble friend for that reply, which I have found very helpful. It was robust in ...
Earl Howe | 733 c1210 (Link to this contribution)
My Lords, I think we will rely on Monitor to make its own arrangements and, as the Committee will ap...
Lord Davies of Stamford | 733 c1210 (Link to this contribution)
My Lords, the noble Earl keeps on referring to Monitor’s responsibilities towards foundation trusts ...
Baroness Finlay of Llandaff | 733 c1211-2 (Link to this contribution)
My Lords, I want to make a brief comment in response to the Minister’s reply to my amendment in the ...
Lord Clement-Jones | 733 c1212 (Link to this contribution)
277: Clause 67, page 93, line 20, leave out subsection (3)
Lord Beecham | 733 c1210 (Link to this contribution)
Would such proposals by Monitor have to be approved by the Secretary of State or would it be left en...
Earl Howe | 733 c1208-10 (Link to this contribution)
My Lords, Clause 63 sets out several provisions detailing how Monitor should deal with potential con...
Lord Beecham | 733 c1207-8 (Link to this contribution)
My Lords, at Second Reading I made a jocular reference to Monitor, recalling that it is also the nam...
Baroness Williams of Crosby | 733 c1207 (Link to this contribution)
My Lords, I can address my Amendment 274ZB very quickly. I have to admit that it arises from a fog o...
Earl Howe | 733 c1240 (Link to this contribution)
The noble Lord, Lord Owen, has caught me napping, so to speak, because I was not expecting that inte...
Lord Owen | 733 c1239-40 (Link to this contribution)
My Lords, I wish to draw attention to Clause 72(1)(b), which refers to, "““a power to investigate on...
Baroness Thornton | 733 c1231 (Link to this contribution)
My Lords, I do not want to stand between noble Lords and their dinner—and indeed, on this side of th...
Earl Howe | 733 c1228-31 (Link to this contribution)
My Lords, I appreciate those points and I was coming to some words of comfort for the noble Baroness...
Earl Howe | 733 c1226-8 (Link to this contribution)
My Lords, I think that this debate has clearly demonstrated the importance of having a robust pricin...
Baroness Gould of Potternewton | 733 c1228 (Link to this contribution)
The difference between sexual health and most of public health is that sexual health provision cross...
Baroness Hollins | 733 c1225 (Link to this contribution)
My Lords, I would like to add to what my noble friend Lady Murphy has said by commenting on a couple...
Baroness Tonge | 733 c1225-6 (Link to this contribution)
My Lords, I rise to ask a question rather than to make comments. I am rather confused about how tari...
Lord Davies of Stamford | 733 c1224 (Link to this contribution)
I am very grateful to the noble Baroness for giving way. I made clear in my remarks that I believe o...
Baroness Murphy | 733 c1224 (Link to this contribution)
I take the noble Lord’s point. I think it is possible to introduce the mechanisms that he would like...
Lord Owen | 733 c1117-21 (Link to this contribution)
My Lords, I hope I will not be spending too much time on the excellent argument that we have heard f...
Earl Howe | 733 c1143 (Link to this contribution)
The Bill takes us away from what is happening at the moment. That is the point.
Lord Clement-Jones | 733 c1142 (Link to this contribution)
My Lords, I apologise. I expressly said that the concerns were not surrounding commissioning but aro...
Baroness Williams of Crosby | 733 c1245-6 (Link to this contribution)
My Lords, I strongly support the two very powerful and convincing speeches by the noble Baroness, La...
Baroness Finlay of Llandaff | 733 c1191-2 (Link to this contribution)
My Lords, this group of amendments concerns children, particularly their social care. We have laid t...
Lord Clement-Jones | 733 c1202 (Link to this contribution)
My Lords, this is a slightly disparate group of amendments so I will certainly not try to respond on...
Baroness Pitkeathley | 733 c1198-9 (Link to this contribution)
My Lords, I speak in support of Amendment 274ZZB in my name and that of the noble Lord, Lord Warner....
Earl Howe | 733 c1265 (Link to this contribution)
294J: Clause 119, page 128, line 4, after ““by”” insert ““clinical commissioning groups or””
294K:...
Lord Warner | 733 c1202 (Link to this contribution)
I asked a very straightforward question. I am quite happy to pursue this through a Written Question....
Baroness Thornton | 733 c1212 (Link to this contribution)
277B: Before Clause 68, insert the following new Clause—
““Duty as to continuous improvement
(1) Reg...
Baroness Thornton | 733 c1147 (Link to this contribution)
I accept both the invitation and comments that the Minister has made about procurement law. I refer ...
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2024-02-08 19:27:16 +0000
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