Health and Social Care Bill. Lords report stage seventh day. Bill, as amended, ordered to be printed (HL Bill 132).
Health and Social Care Bill
About these Parliamentary proceedings
Reference
736 c149-97, 208-66 Session
2010-12Legislative stage
Report stageChamber / Committee
House of Lords chamberRelated items
Health and Social Care Bill. As amended on report. In two volumes.
Tuesday, 13 March 2012
Bills
House of Lords
Tuesday, 13 March 2012
Bills
House of Lords
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
Earl Howe | 736 c208 (Link to this contribution)
258A: Schedule 19, page 424, line 17, leave out ““the exercise of its functions”” and insert ““any f...
Baroness Emerton | 736 c149 (Link to this contribution)
240: After Clause 207, insert the following new Clause—
““Power to regulate health care support work...
Show all contributions (151)
Baroness Emerton | 736 c149-53 (Link to this contribution)
My Lords, I rise to speak to Amendment 240, tabled in my name, which relates to the mandatory traini...
Earl Howe | 736 c170-1 (Link to this contribution)
The key here lies in the standards and the training. If we have standards laid down that are uniform...
Baroness Wall of New Barnet | 736 c171 (Link to this contribution)
I have listened carefully to what the noble Earl has said and there are two areas that he has hardly...
Earl Howe | 736 c171-2 (Link to this contribution)
I apologise to the noble Baroness for not covering that point. We are well aware of precisely that v...
Lord Quirk | 736 c172 (Link to this contribution)
I wonder if the noble Earl could address the point made by the noble Baroness, Lady Howarth, about s...
Lord Newton of Braintree | 736 c169-70 (Link to this contribution)
Will my noble friend give way just briefly? I was at the other end of the Chamber, but I have shifte...
Earl Howe | 736 c168-9 (Link to this contribution)
My Lords, this has been another excellent debate about a critical issue: how we ensure that the staf...
Lord Hunt of Kings Heath | 736 c167-8 (Link to this contribution)
My Lords, when I was in government, I was always very wary of interventions from the noble and learn...
Baroness Howarth of Breckland | 736 c164-5 (Link to this contribution)
My Lords, I had not intended to speak in this debate, but I want to strike what might be a slightly ...
Lord Walton of Detchant | 736 c164 (Link to this contribution)
My Lords, I shall be extremely brief in supporting what my noble friend Lord Patel has said. I have ...
Lord Mackay of Clashfern | 736 c167 (Link to this contribution)
Before the noble Lord sits down, perhaps I may raise two points with him from his great experience o...
Lord Hunt of Kings Heath | 736 c165-7 (Link to this contribution)
My Lords, this has been a good debate and I, too, congratulate the noble Baroness, Lady Emerton, on ...
Baroness Finlay of Llandaff | 736 c161-2 (Link to this contribution)
My Lords, I agree with those noble Lords who have said that this is a critical amendment. I do not u...
Lord Patel | 736 c162-4 (Link to this contribution)
My Lords, I have added my name to this amendment, which has been moved by my noble friend Lady Emert...
Lord Kakkar | 736 c160-1 (Link to this contribution)
My Lords, my noble friend Lady Emerton moves a very important amendment that comes to the very heart...
Baroness Hollins | 736 c159 (Link to this contribution)
My Lords, I support the amendment. I note that one of the reasons given for not considering statutor...
Baroness Young of Old Scone | 736 c158-9 (Link to this contribution)
My Lords, I support the amendment of the noble Baroness, Lady Emerton, from two perspectives. One is...
Lord MacKenzie of Culkein | 736 c156-8 (Link to this contribution)
My Lords, I apologise to the House for not being here at the start of this amendment. Unfortunately,...
Lord Turnberg | 736 c156 (Link to this contribution)
My name is attached to this amendment, which I believe is an extremely important one. I find myself ...
Baroness Masham of Ilton | 736 c155-6 (Link to this contribution)
My Lords, we are once more discussing the important matter of the power to regulate healthcare suppo...
Lord Newton of Braintree | 736 c153-4 (Link to this contribution)
My Lords, I wonder if I may be indulged again by the House by speaking from an unusual position. I s...
Baroness Williams of Crosby | 736 c185-6 (Link to this contribution)
The noble Lord, Lord Walton, raises the point that the physiologists may well feel themselves to be ...
Baroness Finlay of Llandaff | 736 c186 (Link to this contribution)
The Minister has spoken about assured voluntary registration being available now. He has said that t...
Lord Hunt of Kings Heath | 736 c188-9 (Link to this contribution)
My Lords, I thank the noble Earl for his lengthy response, particularly in relation to clinical psyc...
Lord Hunt of Kings Heath | 736 c189-92 (Link to this contribution)
My Lords, I beg to move.
Division on Amendment 243
Contents 180; Not-Contents 212.
Amendment 243 ...
Lord Hunt of Kings Heath | 736 c189 (Link to this contribution)
243: Clause 211, leave out Clause 211
Earl Howe | 736 c182-5 (Link to this contribution)
My Lords, the amendments deal with two discrete areas. The first set of amendments relates to our pr...
Lord Walton of Detchant | 736 c185 (Link to this contribution)
Will the noble Earl accept that, as the noble Lord, Lord Rea, said, clinical physiologists, and in p...
Lord Rea | 736 c185 (Link to this contribution)
I hope that it is in order to ask the noble Earl a question. When he was talking about the registrat...
Earl Howe | 736 c185 (Link to this contribution)
My Lords, if the clinical physiologists feel as the noble Lord, Lord Walton, says they do, I would s...
Baroness Pitkeathley | 736 c178 (Link to this contribution)
It is a great pleasure to follow the noble Baroness, Lady Howarth, who I deservedly call my noble fr...
Baroness Howarth of Breckland | 736 c176-8 (Link to this contribution)
My Lords, if the noble Earl thought I was being unkind to the noble Baroness, Lady Emerton, he may t...
Lord Rea | 736 c181-2 (Link to this contribution)
My Lords, Amendments 253, 254 and 255 concern various clinical scientists, particularly clinical phy...
Lord Walton of Detchant | 736 c180-1 (Link to this contribution)
My Lords, I, too, support these two amendments on the regulation of clinical physiologists, and I th...
Baroness Masham of Ilton | 736 c180 (Link to this contribution)
My Lords, I support the amendments in the names of my noble friends and Amendment 254 in the name of...
Baroness Finlay of Llandaff | 736 c178-80 (Link to this contribution)
My Lords, I have my name to two amendments in this group. They do not affect social work and therefo...
Lord Hunt of Kings Heath | 736 c173 (Link to this contribution)
241: Clause 208, leave out Clause 208
Lord Hunt of Kings Heath | 736 c173-4 (Link to this contribution)
My Lords, we now move on to another group on the regulation of healthcare workers, and social care w...
Earl Howe | 736 c172 (Link to this contribution)
The noble Baroness, Lady Howarth, was, of course, quite right, because we have a mix of skills in so...
Baroness Emerton | 736 c172-3 (Link to this contribution)
My Lords, first, I thank all noble Lords who have participated in the debate this morning. It has hi...
Baroness Meacher | 736 c174-6 (Link to this contribution)
My Lords, I shall speak to Amendment 241C, which is tabled in my name. I also support the amendments...
Lord Ribeiro | 736 c197 (Link to this contribution)
My Lords, I thank my noble friend the Minister for accepting the amendments. I thank also the noble ...
Earl Howe | 736 c196-7 (Link to this contribution)
My Lords, I am grateful to my noble friend Lord Ribeiro for tabling these amendments, which address ...
Baroness Rawlings | 736 c197 (Link to this contribution)
My Lords, this might be a convenient moment for the House to adjourn until Oral Questions at 2.30 pm...
Lord Marks of Henley-on-Thames | 736 c197 (Link to this contribution)
258: Clause 244, page 239, line 29, at end insert—
““( ) For the purposes of this section, a failure...
Lord Ribeiro | 736 c195 (Link to this contribution)
256: Clause 236, page 236, line 29, at end insert—
““( ) But provision made under subsection (8) may...
Lord Beecham | 736 c196 (Link to this contribution)
My Lords, I should declare an interest as honorary vice-president of the Local Government Associatio...
Lord Ribeiro | 736 c195-6 (Link to this contribution)
My Lords, I shall speak also to Amendment 257. I have tabled the two amendments for the following re...
Baroness Northover | 736 c194 (Link to this contribution)
Noble Lords will know that the Government have already announced their intention to regulate all pub...
Baroness Northover | 736 c194 (Link to this contribution)
If noble Lords are happy, I will continue. I will be happy to answer any questions. All public healt...
Lord Hunt of Kings Heath | 736 c194 (Link to this contribution)
I think that the noble Lord, Lord Patel, wanted an early indication as to whether the noble Baroness...
Lord Patel | 736 c194 (Link to this contribution)
I should like the noble Baroness to finish her sentence, because I think she was leading on to say p...
Lord Patel | 736 c194 (Link to this contribution)
I was going to do so after I had heard the noble Baroness speak, because she interrupted my speech. ...
Baroness Gibson of Market Rasen | 736 c194 (Link to this contribution)
The noble Lord must move the amendment. Does the noble Lord wish to move the amendment?
Baroness Northover | 736 c194 (Link to this contribution)
The noble Lord may withdraw it in a moment.
Baroness Gibson of Market Rasen | 736 c194 (Link to this contribution)
The noble Lord has not moved the amendment.
Baroness Northover | 736 c193 (Link to this contribution)
My Lords, a great deal of attention has been paid to public health in this House and we very much we...
Lord Patel | 736 c193 (Link to this contribution)
My Lords, Amendment 249 is related to statutory registration. We have been talking about voluntary o...
Lord Patel | 736 c193 (Link to this contribution)
249: After Clause 219, insert the following new Clause—
““Public health specialists
(1) In section 2...
Baroness Rawlings | 736 c193 (Link to this contribution)
My Lords, I remind the House that Questions will be at 2.30 pm. If necessary, we will interrupt an a...
Earl Howe | 736 c212-3 (Link to this contribution)
272: Clause 257, page 246, line 9, at end insert—
““(2A) But the Information Centre may not impose a...
Earl Howe | 736 c212 (Link to this contribution)
268: After Clause 254, insert the following new Clause—
““Requests for collection under section 254:...
Earl Howe | 736 c212 (Link to this contribution)
269: Clause 256, page 245, line 32, leave out ““that”” and insert ““any””
270: Clause 256, page 24...
Earl Howe | 736 c211 (Link to this contribution)
259: Clause 253, page 243, line 26, leave out second ““and”” and insert ““or””
260: Clause 253, pa...
Earl Howe | 736 c211-2 (Link to this contribution)
262: Clause 254, page 244, line 11, leave out second ““and”” and insert ““or””
263: Clause 254, pa...
Baroness Wheeler | 736 c211 (Link to this contribution)
My Lords, before the noble Earl sits down, what about the point relating to UK life sciences and the...
Earl Howe | 736 c211 (Link to this contribution)
I apologise; I did not mention that. I will cover that point in my letter as well.
Amendment 258A a...
Baroness Wheeler | 736 c209-10 (Link to this contribution)
My Lords, I welcome and support the government amendments in this group. In Committee, I stressed ou...
Earl Howe | 736 c211 (Link to this contribution)
My Lords, I am very grateful to the noble Baroness for her broad welcome for this group of amendment...
Earl Howe | 736 c208-9 (Link to this contribution)
My Lords, I shall speak also to the other 41 amendments in this group, some of which, I stress, are ...
Lord Hunt of Kings Heath | 736 c217 (Link to this contribution)
My Lords, this returns us to a debate that we had in Committee on the future of the National Patient...
Lord Warner | 736 c217-8 (Link to this contribution)
My Lords, I support my noble friend's amendment. As a Minister, I, too, had responsibility for the N...
Earl Howe | 736 c213 (Link to this contribution)
275: Clause 258, page 246, line 32, leave out ““collects pursuant to”” and insert ““obtains by compl...
Earl Howe | 736 c213-4 (Link to this contribution)
279: Clause 259, page 247, line 39, leave out ““collects pursuant to”” and insert ““obtains by compl...
Earl Howe | 736 c214-5 (Link to this contribution)
288: After Clause 259, insert the following new Clause—
““Other dissemination: directions under sect...
Earl Howe | 736 c215 (Link to this contribution)
290: Clause 260, page 248, line 31, leave out ““collected”” and insert ““obtained””
Amendment 290 a...
Earl Howe | 736 c216 (Link to this contribution)
290A: Clause 266, page 251, line 8, leave out ““it has””
Amendment 290A agreed.
Clause 268: Failur...
Earl Howe | 736 c216 (Link to this contribution)
291: Clause 268, page 251, line 39, at end insert—
““( ) For the purposes of this section, a failure...
Earl Howe | 736 c216 (Link to this contribution)
291A: Clause 270, page 252, line 16, at end insert—
““(d) requiring the Centre to exercise such syst...
Lord Hunt of Kings Heath | 736 c217 (Link to this contribution)
292: Clause 277, leave out Clause 277
Baroness Finlay of Llandaff | 736 c218 (Link to this contribution)
My Lords, I speak in support of what has been said by the noble Lord, Lord Warner. There is real anx...
Lord Low of Dalston | 736 c228-9 (Link to this contribution)
There speaks a lawyer. Suffice it to say that everything about the matter is extremely complex and o...
Lord Hunt of Kings Heath | 736 c220-1 (Link to this contribution)
My Lords, I must say I am very uneasy because I think that the arm's-length bodies review completely...
Baroness Greengross | 736 c224 (Link to this contribution)
292A: Before Clause 280, insert the following new Clause—
““Human Rights Act 1988: provision of cert...
Lord Patel | 736 c218 (Link to this contribution)
My Lords, I speak as somebody who has been involved with the National Patient Safety Agency for long...
Lord Low of Dalston | 736 c227-8 (Link to this contribution)
My Lords, I have put my name to this amendment because it seems very clear to me that we do need leg...
Baroness Greengross | 736 c224-6 (Link to this contribution)
My Lords, if I am a very frail, vulnerable, sick person in need of support or care, and I go into a ...
Lord Rix | 736 c226-7 (Link to this contribution)
My Lords, I wish to support Amendment 292A, tabled by my noble friend Lady Greengross. As I am sure ...
Lord Mackay of Clashfern | 736 c229-31 (Link to this contribution)
My Lords, in my view, the Human Rights Act applies already to the matters raised in this amendment. ...
Baroness Whitaker | 736 c229 (Link to this contribution)
My Lords, I declare an interest as a member the British Institute of Human Rights advisory board, an...
Lord Crisp | 736 c257 (Link to this contribution)
My Lords, I had not intended to speak on the amendment, but I want to say a word or two in support o...
Earl Howe | 736 c257-8 (Link to this contribution)
My Lords, I think that it is important for me to begin by acknowledging fully the force of the wonde...
Baroness Thornton | 736 c259 (Link to this contribution)
Surely the Co-operation and Competition Panel still exists, will continue to exist, and can deal wit...
Earl Howe | 736 c259-61 (Link to this contribution)
My Lords, the proposal that we have made in the Bill is for the Co-operation and Competition Panel t...
Lord Newton of Braintree | 736 c254-5 (Link to this contribution)
My Lords, those who have been here will have realised by now that this is one of my ““good boy”” day...
Baroness Williams of Crosby | 736 c255-7 (Link to this contribution)
My Lords, I fully understand the fervour and passion with which my noble friend Lord Clement-Jones s...
Lord Clement-Jones | 736 c254 (Link to this contribution)
My Lords, I really enjoyed the noble Baroness's intervention. Today's news about the change in attit...
Baroness Thornton | 736 c253 (Link to this contribution)
Would the noble Lord care to tell me to which part of the 2006 Act he is referring because, accordin...
Lord Clement-Jones | 736 c253 (Link to this contribution)
My Lords, I am afraid that I cannot agree with the noble Lord, Lord Owen, as regards supporting the ...
Baroness Thornton | 736 c254 (Link to this contribution)
What is the noble Lord's answer to the question which I put? I was not attacking him and his party. ...
Lord Clement-Jones | 736 c253 (Link to this contribution)
My Lords, that is precisely the point and that is precisely why the Labour Government were avoiding ...
Baroness Thornton | 736 c250-2 (Link to this contribution)
My Lords, as we near the end of our deliberations on Report, I hope to set out the case for changing...
Lord Owen | 736 c252-3 (Link to this contribution)
My Lords, the case has been made extremely well for accepting that one of the most vehement elements...
Earl Howe | 736 c249-50 (Link to this contribution)
299: Clause 300, page 269, line 24, at end insert—
““( ) the first regulations under section 84 (lic...
Baroness Thornton | 736 c250 (Link to this contribution)
300A: Clause 302, page 271, line 35, at end insert—
““(A1) Part 3 of this Act shall come into force,...
Earl Howe | 736 c249 (Link to this contribution)
297C: Schedule 24, page 445, line 38, at end insert—
297D: Schedule 24, page 446, line 18, second ...
Earl Howe | 736 c249 (Link to this contribution)
297A: Schedule 23, page 444, line 5, at end insert—
297B: Schedule 23, page 444, line 21, second c...
Lord Clement-Jones | 736 c248-9 (Link to this contribution)
My Lords, I thank the Minister for that reply. First, let me say to the noble Lord, Lord Hunt, that ...
Lord Hunt of Kings Heath | 736 c247 (Link to this contribution)
I must say that I am surprised that the noble Lord moved this amendment. He told me yesterday that h...
Lord Clement-Jones | 736 c246-7 (Link to this contribution)
My Lords, in moving Amendment 297, I shall speak also to Amendment 301. First, I declare an interest...
Lord Clement-Jones | 736 c246 (Link to this contribution)
297: After Clause 294, insert the following new Clause—
““Contravention of section 64 of the Medicin...
Lord Wills | 736 c241 (Link to this contribution)
I am grateful to the Minister for giving way. It was not the case that the previous Government resis...
Earl Howe | 736 c241 (Link to this contribution)
I am grateful to the noble Lord. My main point is that, whether by accident or design, the previous ...
Lord Marks of Henley-on-Thames | 736 c246 (Link to this contribution)
296: Clause 290, page 263, line 6, at end insert—
““( ) For the purposes of this section a failure t...
Earl Howe | 736 c237-9 (Link to this contribution)
My Lords, we have heard many excellent speeches in this debate, not least from the noble Baroness, L...
Baroness Wheeler | 736 c236-7 (Link to this contribution)
My Lords, these Benches strongly support the amendment tabled by the noble Baroness, Lady Greengross...
Lord Lester of Herne Hill | 736 c240 (Link to this contribution)
Before my noble friend replies, perhaps I may have a go as well? The problem is that the more specif...
Lord Wills | 736 c239-40 (Link to this contribution)
Can the Minister clarify one point? Is his objection to the amendment a drafting one—in other words,...
Earl Howe | 736 c240 (Link to this contribution)
My noble friend expresses the position exactly. In answer to the noble Lord, Lord Wills, if a court ...
Earl Howe | 736 c240-1 (Link to this contribution)
No loophole is created by YL. That was closed in Section 145 of the Health and Social Care Act 2008....
Lord Wills | 736 c236 (Link to this contribution)
I am extremely glad to hear that. I hope that the journalists concerned have noted that important de...
Lord Newton of Braintree | 736 c236 (Link to this contribution)
Having listened to the debate, I differ a bit from the noble Lord, Lord Wills. I have heard enough f...
Lord Lester of Herne Hill | 736 c236 (Link to this contribution)
For the record, I deny the account given in the Mail, in the Telegraph, by Dr Pinto-Duschinsky on th...
Lord Lester of Herne Hill | 736 c234 (Link to this contribution)
Can the noble Lord explain what is meant by ““certain personal care””, which is unclear, and what is...
Lord Wills | 736 c233-4 (Link to this contribution)
My Lords, in supporting the amendment, I hope that it might be helpful to your Lordships' House if I...
Lord Lester of Herne Hill | 736 c231-3 (Link to this contribution)
My Lords, it is a privilege to act as junior counsel to a leader as distinguished as the noble and l...
Lord Wills | 736 c235 (Link to this contribution)
Believe me, I try extremely hard not to do so, but I noticed that the noble Lord did not deny the ac...
Lord Lester of Herne Hill | 736 c235 (Link to this contribution)
I simply say to the noble Lord that he should not believe everything he reads in newspapers.
Lord Wills | 736 c234-5 (Link to this contribution)
I understand that fundamental point. That does not argue against the Minister rejecting this amendme...
Lord Lester of Herne Hill | 736 c234 (Link to this contribution)
I am asking whether the noble Lord has any answer to my point and that of the noble and learned Lord...
Baroness Thornton | 736 c261-2 (Link to this contribution)
It does not really matter. Five of his colleagues have put their names to it. The point I am making ...
Lord Clement-Jones | 736 c261 (Link to this contribution)
Would the noble Baroness like to say how many Liberal Democrat MPs have put their name to that parti...
Baroness Thornton | 736 c266 (Link to this contribution)
My Lords, we would not wish the CCGs to have blank accounts. I would merely like to congratulate the...
Earl Howe | 736 c266 (Link to this contribution)
That was a bit of a curate's egg of a response, but I take it in the spirit in which it was meant. I...
Earl Howe | 736 c265 (Link to this contribution)
302: Clause 302, page 272, line 14, at end insert—""““( ) An order under subsection (4) which brings...
Earl Howe | 736 c266 (Link to this contribution)
My Lords, I shall speak to the amendment very briefly. It is a minor and technical amendment that wo...
Baroness Pitkeathley | 736 c159-60 (Link to this contribution)
My Lords, I join with others in paying tribute to the noble Baroness, Lady Emerton, for her tenacity...
Earl Howe | 736 c186 (Link to this contribution)
I very much agree with my noble friend that we want to see a breaking down of silos, if I can put it...
Lord Patel | 736 c194-5 (Link to this contribution)
I welcome those comments. As I understand it, the noble Baroness, Lady Northover, is saying that the...
Lord Walton of Detchant | 736 c194 (Link to this contribution)
My Lords, it is important to amend the amendment, if only because it should say ““backgrounds other ...
Earl Howe | 736 c247-8 (Link to this contribution)
My Lords, I am very grateful to my noble friend, to whom I should like to pay a particular tribute f...
Baroness Greengross | 736 c241-2 (Link to this contribution)
My Lords, I thank the Minister for what he has just said, which was extremely encouraging. I have ne...
Lord Pannick | 736 c240 (Link to this contribution)
Would not any court regard this amendment as specifically designed to deal with the YL problem? It w...
Lord Wills | 736 c234 (Link to this contribution)
I am very sorry; the microphone was not working for the beginning of that. If the noble Lord was ask...
Baroness Wall of New Barnet | 736 c154-5 (Link to this contribution)
My Lords, first, I apologise for missing the first five minutes of the noble Baroness, Lady Emerson,...
Earl Howe | 736 c186-8 (Link to this contribution)
We are talking about controlling risk. The noble Baroness is right that the Government will retain a...
Earl Howe | 736 c193 (Link to this contribution)
246A: Clause 214, page 212, line 38, leave out ““, after sub-paragraph (c) insert—”” and insert ““—
...
Earl Howe | 736 c218-20 (Link to this contribution)
My Lords, I hope it goes without saying—I think that all noble Lords would agree—that patient safety...
Baroness Thornton | 736 c261 (Link to this contribution)
I thank the noble Earl for his, as usual, extremely expert and very technical response, and I think ...
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