Health and Social Care Bill. Lords report stage third day.
Health and Social Care Bill
About these Parliamentary proceedings
Reference
735 c1047-111, 1124-70 Session
2010-12Legislative stage
Report stageChamber / Committee
House of Lords chamberRelated items
Health and Social Care Bill. As amended in committee. In two volumes.
Wednesday, 21 December 2011
Bills
House of Lords
Wednesday, 21 December 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
Constitution Select Committee (HL) twenty-second report on the Health and Social Care Bill: Follow-up report.
Wednesday, 14 December 2011
Parliamentary committees
House of Lords
Wednesday, 14 December 2011
Parliamentary committees
House of Lords
Proceeding contributions
Lord Faulks | 735 c1050-1 (Link to this contribution)
My Lords, I remember well the degree of consensus in your Lordships' House when we debated the statu...
Baroness Tyler of Enfield | 735 c1051 (Link to this contribution)
My Lords, I, too, spoke briefly in the debate last time about the statuary duty of candour. At the e...
Show all contributions (149)
Lord Harris of Haringey | 735 c1049-50 (Link to this contribution)
My Lords, I support this amendment because I believe that it is a sincere attempt by the noble Baron...
Baroness Finlay of Llandaff | 735 c1050 (Link to this contribution)
My Lords, I support this amendment and urge the Government to accept it as it is written. I hope tha...
Lord Campbell of Alloway | 735 c1051 (Link to this contribution)
I very briefly take the point made about an apology for the mistake. I do this because when I was an...
Lord Faulks | 735 c1051 (Link to this contribution)
Before the noble Lord sits down, could he confirm that, since the Compensation Act 2006, an apology ...
Baroness Masham of Ilton | 735 c1047-8 (Link to this contribution)
My Lords, in moving Amendment 38A, I must explain to your Lordships why it is so important. I wish o...
Lord Walton of Detchant | 735 c1048-9 (Link to this contribution)
My Lords, I added my name to this amendment for one reason and one reason only: in the hope of seeki...
Baroness Masham of Ilton | 735 c1047 (Link to this contribution)
38A: Clause 19, page 14, line 9, at end insert—
““( ) The regulations must require the Board to incl...
Earl Howe | 735 c1053-5 (Link to this contribution)
My Lords, this has been another very good debate on the duty of candour. As we have discussed previo...
Baroness Wheeler | 735 c1052-3 (Link to this contribution)
My Lords, we had a long debate on this very important issue of the duty of candour before the Recess...
Lord Winston | 735 c1052 (Link to this contribution)
My Lords, I find it very difficult, as I have said before, to accept or support this kind of amendme...
Lord Turnberg | 735 c1051-2 (Link to this contribution)
My Lords, As someone who taught medical students for many years that it is very important to be abso...
Lord Hunt of Kings Heath | 735 c1057-8 (Link to this contribution)
My Lords, we return to one of the most important matters in the Bill: clinical commissioning groups ...
Lord Hunt of Kings Heath | 735 c1055-7 (Link to this contribution)
38B: Clause 19, page 14, line 32, at end insert—
““(8A) The standing rules under subsection (1) shal...
Baroness Masham of Ilton | 735 c1055 (Link to this contribution)
My Lords, I thank all noble Lords who have spoken. I think that because I was thanking the Minister ...
Baroness Barker | 735 c1060 (Link to this contribution)
The noble Lord is quite right and I will come on to that.
These amendments also refer to the board ...
Lord Hunt of Kings Heath | 735 c1060 (Link to this contribution)
My Lords, with respect to the noble Baroness, she has withdrawn some amendments and put in some subs...
Lord Patel | 735 c1061-2 (Link to this contribution)
My Lords, I support the amendments relating to conflict of interest and I agree that there needs to ...
Baroness Barker | 735 c1060-1 (Link to this contribution)
Not entirely, my Lords. As I was coming on to say, an important piece of work is that the GMC is upd...
Baroness Finlay of Llandaff | 735 c1062-4 (Link to this contribution)
My Lords, this group of amendments and this debate has focused on conflicts of interest. For clinica...
Lord Winston | 735 c1062 (Link to this contribution)
My Lords, perhaps I may deal very briefly deal with one area of medicine with which the noble Lord, ...
Lord Warner | 735 c1065-6 (Link to this contribution)
My Lords, I had not intended to speak for very long on this set of amendments but some issues have c...
Lord Walton of Detchant | 735 c1064-5 (Link to this contribution)
My Lords, this is an exceptionally complex issue and I believe it is absolutely crucial that in some...
Earl Howe | 735 c1066-70 (Link to this contribution)
My Lords, this has been a very good debate indeed and I thank noble Lords for the careful considerat...
Lord Kakkar | 735 c1066 (Link to this contribution)
My Lords, I too have my name to one of the amendments in this group and would like to reiterate much...
Lord Hunt of Kings Heath | 735 c1070 (Link to this contribution)
I am grateful to the noble Earl for giving way so freely. I understand what he is saying about the b...
Lord Hunt of Kings Heath | 735 c1073 (Link to this contribution)
My Lords, I am sure that Monitor will play an extremely useful role, but surely it would be much bet...
Earl Howe | 735 c1073 (Link to this contribution)
The noble Lord should not forget what I said about Monitor's powers to look at improper conduct at t...
Lord Hunt of Kings Heath | 735 c1072-3 (Link to this contribution)
My Lords, I am grateful to the noble Earl. However, that ultimately means that a majority of the peo...
Earl Howe | 735 c1072 (Link to this contribution)
My Lords, I realise that I did not answer the noble Lord and I apologise to him. It may be helpful f...
Lord Hunt of Kings Heath | 735 c1071-2 (Link to this contribution)
My Lords, I think that that is a very disappointing response. The noble Earl, Lord Howe, said that c...
Lord Warner | 735 c1076 (Link to this contribution)
My Lords, I shall speak also to Amendment 143.
Lord Warner | 735 c1076 (Link to this contribution)
38C: After Clause 19, insert the following new Clause—
““Integration of services
(1) In discharging ...
Baroness Wall of New Barnet | 735 c1082 (Link to this contribution)
My Lords, I, too, support the amendment. I want to focus particularly on integration in terms of wha...
Baroness Young of Old Scone | 735 c1081-2 (Link to this contribution)
My Lords, I rise to support Amendment 38C and to disagree violently with the noble Lord, Lord Mawhin...
Lord Turnberg | 735 c1083 (Link to this contribution)
My Lords, we have heard that integrated care means different things to different people. As far thes...
Lord Sutherland of Houndwood | 735 c1082-3 (Link to this contribution)
My Lords, I support the amendment for three reasons. First, were it to be implemented, the effective...
Lord Patel | 735 c1078-9 (Link to this contribution)
My Lords, I have put my name to Amendments 38C and 143 and support them very strongly. They cover th...
Baroness Pitkeathley | 735 c1079-80 (Link to this contribution)
My Lords, I, too, will speak strongly in support of these amendments, to which I have added my name....
Lord Newton of Braintree | 735 c1083-4 (Link to this contribution)
My Lords, I support—with some trepidation—what my noble friend Lord Mawhinney has said, and I pick u...
Baroness Northover | 735 c1084 (Link to this contribution)
My Lords, perhaps I may remind noble Lords that we are at Report stage. According to my note, only t...
Earl Howe | 735 c1089-92 (Link to this contribution)
My Lords, integration has been a consistent theme throughout our debates on the Bill and the noble L...
Baroness Masham of Ilton | 735 c1089 (Link to this contribution)
My Lords, I would like to ask the movers of the amendment a question just for my own concern. Health...
Baroness Thornton | 735 c1089 (Link to this contribution)
My Lords, I am not going to attempt to answer the noble Baroness's question. I shall leave that for ...
Baroness Armstrong of Hill Top | 735 c1085 (Link to this contribution)
My Lords, this debate has been very interesting. I agree with the last comment of the noble Lord, Lo...
Baroness Jolly | 735 c1085-6 (Link to this contribution)
My Lords, I shall not repeat the many arguments that have been eloquently put this afternoon but it ...
Lord Warner | 735 c1084 (Link to this contribution)
I am the mover of the amendment and I was interrupting with a short question to the noble Lords, who...
Lord Newton of Braintree | 735 c1085 (Link to this contribution)
Perhaps I may respond to the noble Lord from a sedentary position. I was aware of that but, to be ho...
Earl of Listowel | 735 c1087-8 (Link to this contribution)
In rising briefly in support of the amendments, I pay tribute to the Government for their contributi...
Baroness Howarth of Breckland | 735 c1088-9 (Link to this contribution)
My Lords, I want to speak briefly, not having spoken earlier. In answer to a Question from the noble...
Lord Owen | 735 c1086 (Link to this contribution)
My Lords, I rise to speak because I am a little troubled. It looks as though the Minister will objec...
Baroness Hollins | 735 c1086-7 (Link to this contribution)
The amendments have particular relevance to mental health and learning disability services. In speak...
Lord Warner | 735 c1098 (Link to this contribution)
My Lords, so near, yet so far. Amendment 42 is very simple. It requires the Secretary of State to in...
Lord Warner | 735 c1097 (Link to this contribution)
42: Clause 22, page 16, line 22, after ““appropriate”” insert—
““( ) the priority and scope for comm...
Earl Howe | 735 c1097 (Link to this contribution)
39: Clause 20, page 15, line 10, at end insert—
““( ) Subsection (1) does not apply to any function ...
Lord Winston | 735 c1092 (Link to this contribution)
I have a short question for the Minister because I feel that it is an important issue. Perhaps I may...
Baroness Northover | 735 c1093 (Link to this contribution)
My Lords, the Minister has sat down, so it is for the mover of the amendment to respond.
Lord Winston | 735 c1093 (Link to this contribution)
I am sure that the Minister will want to answer my question because it is not aggressive or politica...
Earl Howe | 735 c1093 (Link to this contribution)
It is a very interesting question from the noble Lord. When I visited Oldham a few weeks ago, I saw ...
Lord Warner | 735 c1093 (Link to this contribution)
My Lords, there have been some extremely powerful speeches of support for this amendment for which I...
Earl Howe | 735 c1093-4 (Link to this contribution)
I would not want the noble Lord to believe that I was dismissive of the point that he has just made....
Lord Warner | 735 c1094 (Link to this contribution)
I guess I am more of a risk taker than the noble Earl and I believe that we could put a definition o...
Lord Walton of Detchant | 735 c1105-6 (Link to this contribution)
My Lords, I have put my name to two of these amendments so ably proposed by my noble friend Lord Kak...
Lord Patel | 735 c1105 (Link to this contribution)
My Lords, I support the amendment. I spoke at length in Committee on a similar amendment and my nobl...
Lord Kakkar | 735 c1103 (Link to this contribution)
43A: Clause 22, page 16, line 25, at end insert—
““( ) The mandate shall also require performance mo...
Lord Kakkar | 735 c1103-5 (Link to this contribution)
The amendments in this group all deal with the question of monitoring performance in primary care. T...
Earl Howe | 735 c1100-3 (Link to this contribution)
My Lords, we have had several lively debates on the importance of redesigning services if the NHS is...
Lord Warner | 735 c1103 (Link to this contribution)
My Lords, I am grateful to the Minister for his explanations and reassurances. I certainly think tha...
Lord Rea | 735 c1100 (Link to this contribution)
Would the Minister look at the experiment mentioned by the noble Baroness, Lady Jolly, in Torbay, wh...
Baroness Thornton | 735 c1100 (Link to this contribution)
My Lords, I support these amendments, and I do so because I agree with the noble Lord, Lord Patel, t...
Baroness Murphy | 735 c1098-9 (Link to this contribution)
My Lords, I will interject here with regard to my amendment to Schedule 4, tabled as Amendment 148B ...
Lord Patel | 735 c1099-100 (Link to this contribution)
My Lords, I have added my name under that of the noble Lord, Lord Warner, and I would also have supp...
Earl Howe | 735 c1111 (Link to this contribution)
45: Clause 22, page 17, line 9, at end insert—
““( ) Requirements included in the mandate have effec...
Earl Howe | 735 c1111 (Link to this contribution)
47: Clause 22, page 17, line 21, at end insert—
““( ) Revisions to the mandate which consist of addi...
Baroness Williams of Crosby | 735 c1124 (Link to this contribution)
49A: Clause 22, page 17, line 38, at end insert—
““Patients' interests to be treated as paramount
Th...
Baroness Finlay of Llandaff | 735 c1106-7 (Link to this contribution)
My Lords, I would like very briefly to speak in support of these amendments and ensure that we do no...
Lord Hunt of Kings Heath | 735 c1107-8 (Link to this contribution)
My Lords, I would like to echo my noble friend Lord Rea and noble Lords from the Cross Benches on th...
Earl Howe | 735 c1108-10 (Link to this contribution)
My Lords, I am grateful to the noble Lords, Lord Kakkar and Lord Patel, for their contributions to t...
Earl Howe | 735 c1169 (Link to this contribution)
My Lords, as regards grants and loans, we are clear that voluntary sector organisations and social e...
Lord Mawson | 735 c1169-70 (Link to this contribution)
My Lords, I am most grateful to the Minister for what he has had to say. I am trying not to be diffi...
Earl Howe | 735 c1167-8 (Link to this contribution)
My Lords, my noble friend Lady Tyler was quite right because the noble Lord, Lord Mawson, has spoken...
Lord Beecham | 735 c1168-9 (Link to this contribution)
I thank the Minister for giving way. Could he clarify the situation? Does the voluntary sector, as h...
Lord Mawson | 735 c1161 (Link to this contribution)
64A: Clause 22, page 20, line 24, at end insert—
““13OA Duty to have regard to the voluntary and soc...
Lord Mawson | 735 c1161-4 (Link to this contribution)
My Lords, I shall also speak to Amendment 64B. Many fine words have been spoken by this and the prev...
Earl of Sandwich | 735 c1166 (Link to this contribution)
My Lords, having worked in the voluntary sector for many years, I could not resist saying one word i...
Lord Beecham | 735 c1166-7 (Link to this contribution)
My Lords, I warmly congratulate the noble Lord, Lord Mawson, not only on the substance of his amendm...
Baroness Tyler of Enfield | 735 c1164-5 (Link to this contribution)
My Lords, the hour is late but I wish briefly to explain why I have added my name to this amendment ...
Lord Newby | 735 c1165-6 (Link to this contribution)
My Lords, it is with very considerable diffidence that I rise to speak at this hour and for the firs...
Earl Howe | 735 c1159-60 (Link to this contribution)
My noble friend is not correct. The board will have a duty to promote research, and we have debated ...
Baroness Morgan of Drefelin | 735 c1160 (Link to this contribution)
There is one matter on which I should be really grateful for the noble Earl's help. In his helpful r...
Earl Howe | 735 c1160 (Link to this contribution)
I apologise to the noble Baroness. I thought I had made it clear that of course there will be a duty...
Baroness Morgan of Drefelin | 735 c1160 (Link to this contribution)
I thank the Minister, not only for giving me double reassurance in this debate, but also for the wor...
Earl Howe | 735 c1160-1 (Link to this contribution)
61: Clause 22, page 19, line 16, at end insert—
““13LA Duty as to promoting education and training
T...
Baroness Thornton | 735 c1157-8 (Link to this contribution)
My Lords, I support this group of amendments from the noble Baroness, Lady Morgan, which call on the...
Earl Howe | 735 c1158-9 (Link to this contribution)
My Lords, we had a very positive debate on the importance of research at an earlier stage of Report....
Lord Willis of Knaresborough | 735 c1159 (Link to this contribution)
Before he sits down, will my noble friend tell the House whether he has made it clear in his remarks...
Earl Howe | 735 c1170 (Link to this contribution)
68: Clause 22, page 22, line 16, after ““13E”” insert ““, 13G””
Amendment 68 agreed.
Amendment 69 ...
Baroness Williams of Crosby | 735 c1138 (Link to this contribution)
My Lords, perhaps I may briefly intervene in the debate on this extremely important amendment. In co...
Baroness Williams of Crosby | 735 c1124-5 (Link to this contribution)
My Lords, owing to the need to make progress I shall speak briefly, but my noble friend Lord Marks o...
Baroness Finlay of Llandaff | 735 c1134-8 (Link to this contribution)
My Lords, we come to another group of amendments that relate to the Commissioning Board. These are t...
Baroness Finlay of Llandaff | 735 c1134 (Link to this contribution)
50A: Clause 22, page 18, line 15, at end insert—
““( ) In discharging its duty under subsection (1),...
Baroness Williams of Crosby | 735 c1134 (Link to this contribution)
My Lords, I thank the noble Earl very much for the amendment, and I am grateful to him for what he h...
Earl Howe | 735 c1131-4 (Link to this contribution)
My Lords, we have spent a good deal of time in debate on this Bill discussing the issue of patient i...
Baroness Wheeler | 735 c1130-1 (Link to this contribution)
I am pleased to speak in support of the Government's Amendments 56, 97 and 98, which take an importa...
Lord Harris of Haringey | 735 c1129-30 (Link to this contribution)
My Lords, I have lost track, since I first became a community health council member in 1977, of how ...
Baroness Cumberlege | 735 c1126-9 (Link to this contribution)
My Lords, my Amendment 142 has been grouped with this amendment. I have brought it forward because I...
Lord Marks of Henley-on-Thames | 735 c1125-6 (Link to this contribution)
My Lords, the reasons for Amendments 49A and 94A have been briefly—as she explained—and eloquently e...
Lord Warner | 735 c1140 (Link to this contribution)
My Lords, I rise briefly to lend my support to Amendment 64ZA in the names of the noble Baroness, La...
Lord Walton of Detchant | 735 c1138-40 (Link to this contribution)
My Lords, it would be difficult to overstress the crucial importance of this issue, which has been a...
Lord Patel | 735 c1142 (Link to this contribution)
My Lords, my name is added to Amendment 50A and I rise only to say that my silence thus far does not...
Baroness Masham of Ilton | 735 c1142 (Link to this contribution)
My Lords, I, too, support these amendments, being associated with the rarer cancers group and variou...
Earl Howe | 735 c1144-7 (Link to this contribution)
My Lords, this has been another excellent debate. It is worth saying at the outset that I fully appr...
Lord Hunt of Kings Heath | 735 c1142-4 (Link to this contribution)
My Lords, this is a useful debate and I hope that the noble Earl, Lord Howe, will be able to describ...
Baroness Jolly | 735 c1141 (Link to this contribution)
My Lords, I had not intended to speak because everything had been said. However, the noble Lord, Lor...
Baroness Morgan of Drefelin | 735 c1140-1 (Link to this contribution)
My Lords, I rise briefly to support Amendment 50A in the name of the noble Baroness, Lady Finlay, an...
Lord Turnberg | 735 c1142 (Link to this contribution)
My Lords, I should like to comment on Amendment 64ZA. I am sorry to inflict yet another medical opin...
Lord Winston | 735 c1141-2 (Link to this contribution)
My Lords, I hope that in summing up the Minister will address the general issue of genetic disease. ...
Earl Howe | 735 c1148 (Link to this contribution)
56: Clause 22, page 18, line 34, leave out from ““decisions”” to end of line and insert ““which rela...
Earl Howe | 735 c1148 (Link to this contribution)
53: Clause 22, page 18, line 17, leave out from ““must”” to end of line 18 and insert ““have regard ...
Baroness Finlay of Llandaff | 735 c1147 (Link to this contribution)
I am most grateful to the Minister and to everyone who has spoken in this debate. There has been wid...
Lord Turnberg | 735 c1150 (Link to this contribution)
My Lords, my name is attached to two amendments in the group, Amendments 57 and 99. I shall speak ve...
Lord Patel | 735 c1149 (Link to this contribution)
My Lords, I shall speak to two amendments in my name, Amendments 65 and 66. They are very simple. Th...
Baroness Finlay of Llandaff | 735 c1148-9 (Link to this contribution)
My Lords, this is another group of amendments that relate to the process of commissioning. Their aim...
Baroness Finlay of Llandaff | 735 c1148 (Link to this contribution)
57: Clause 22, page 18, line 39, at end insert—
““( ) The National Commissioning Board must have reg...
Baroness Masham of Ilton | 735 c1151 (Link to this contribution)
My Lords, I have put my name to Amendment 99. Will the Minister tell the House a bit more about the ...
Baroness Morgan of Drefelin | 735 c1150-1 (Link to this contribution)
I follow on from the comments of the noble Lord, Lord Turnberg, and will speak to Amendments 99 and ...
Lord Warner | 735 c1150 (Link to this contribution)
My Lords, I have added my name to Amendment 66 from the noble Lord, Lord Patel. Given all the hard w...
Earl Howe | 735 c1152 (Link to this contribution)
My Lords, this has been an interesting and worthwhile debate and I appreciate the concern that the n...
Baroness Wheeler | 735 c1151-2 (Link to this contribution)
My Lords, we strongly support the amendments in this group, which underline the importance of the NH...
Earl Howe | 735 c1152-4 (Link to this contribution)
My Lords, they will come under the aegis of the NHS Commissioning Board. They will be part of the bo...
Baroness Masham of Ilton | 735 c1152 (Link to this contribution)
Who will pay for them?
Earl Howe | 735 c1155 (Link to this contribution)
Certainly, my Lords. The spirit of the amendments will be incorporated in guidance.
Baroness Finlay of Llandaff | 735 c1154 (Link to this contribution)
My Lords, I am grateful to the Minister for having listened so carefully to the amendments and for h...
Earl Howe | 735 c1155 (Link to this contribution)
60: Clause 22, page 19, line 13, leave out ““have regard to the need to””
Amendment 60 agreed.
Ame...
Baroness Finlay of Llandaff | 735 c1155 (Link to this contribution)
I thank the Minister very much. I beg leave to withdraw the amendment.
Amendment 57 withdrawn.
Ame...
Baroness Morgan of Drefelin | 735 c1155-6 (Link to this contribution)
My Lords, I shall speak also to Amendments 66AA and 67AA in my name. The amendments are all designed...
Baroness Morgan of Drefelin | 735 c1155 (Link to this contribution)
60A: Clause 22, page 19, line 16, at end insert ““, and
““(c) research supported by the health servi...
Baroness Barker | 735 c1058-60 (Link to this contribution)
My Lords, noble Lords will recall that in Committee I too highlighted the issue of conflicts of inte...
Earl Howe | 735 c1070-1 (Link to this contribution)
I will come to that point in a moment. I do not agree with the noble Lord that the governance arrang...
Lord Warner | 735 c1076-8 (Link to this contribution)
Better late than never, my Lords. This brings us back to the issue of integration that we discussed ...
Lord Mawhinney | 735 c1080-1 (Link to this contribution)
My Lords, it would be very courageous for anyone in your Lordships' House to argue that there was no...
Lord Warner | 735 c1084 (Link to this contribution)
Before the noble Lord sits down, perhaps I may ask him and his noble friend behind him whether they ...
Lord Rea | 735 c1106 (Link to this contribution)
My Lords, as a former general practitioner I very much welcome this amendment. As the noble Lord, Lo...
Lord Kakkar | 735 c1110-1 (Link to this contribution)
My Lords, I thank the Minister for, as always, his thoughtful response and consideration of the amen...
Lord Willis of Knaresborough | 735 c1156-7 (Link to this contribution)
My Lords, I am eager to speak at this late hour. It seems that every time we talk about research it ...
Baroness Hollins | 735 c1051 (Link to this contribution)
My Lords, I support the amendment, particularly because it draws attention to the point that often p...
Lord Hunt of Kings Heath | 735 c1060 (Link to this contribution)
My Lords, I am grateful to the noble Baroness. Could she clarify what happens in the situation that ...
Lord Turnberg | 735 c1157 (Link to this contribution)
I strongly support the amendments in the name of the noble Baroness, Lady Morgan, and the words of t...
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