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Health and Social Care Bill

With this it will be convenient to discuss the following: New clause 2—Human rights framework for Commission— ‘The protection and promotion of human rights shall be central to the performance of the functions of the Commission.’. New clause 4— Health and social care standards: content— ‘(1) Standards set by the Secretary of State under section 41 shall— (a) expressly state that all persons for whom health or social care services are provided are entitled to respect for their rights and that service providers (registered in accordance with Chapter 2) have a responsibility to respect such rights; (b) require that service providers respect the rights of persons for whom health and social care services are provided; (c) require that service providers provide their staff, whether employed directly or indirectly, with appropriate education and training in relation to respecting the rights of service users; (d) require service providers to specify and publish the procedures for making a complaint by any person about a regulated activity; (e) require service providers to put in place appropriate procedures for ensuring that any person who is aware of any failure to respect any other person’s rights in relation to a regulated activity being conducted by that service provider to report such a failure to a designated person; (f) require service providers to ensure that, where any person is being discharged from a health care service to a social care service regulated under this Part, the rights of such persons are fully respected; and (g) require service providers to disseminate the standards set under this Part which are applicable to them to users of their services. (2) The Secretary of State may prepare and publish statements of standards in relation to the provision of health care and social care dealing with matters other than those listed in subsection (1). (3) In this section, a ““designated person”” is a person designated by a provider of health or social care services to receive and resolve complaints.’. Amendment No. 11, in clause 2, page 2, line 13, at end insert— ‘(bb) the availability and adequacy of advocacy services relating to the bodies it regulates,’. Amendment No. 8, page 2, line 18, at end insert— ‘(da) 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;’. Amendment No. 5, page 2, line 28, after second ‘the’, insert ‘rights and’. Amendment No. 3, in clause 16, page 7, line 28, leave out ‘may’ and insert ‘shall’. Amendment No. 4, page 7, line 32, after ‘safety’, insert ‘, rights’. Amendment No. 6, in clause 42, page 21, line 2, after ‘quality’, insert ‘including, without limitation, respect for the rights of any person’. Amendment No. 7, in clause 92, page 46, line 12, at end insert— ‘““rights”” includes human rights under the Human Rights Act 1998 (c. 42).’. Amendment No. 14, in clause 108, page 54, line 3, after ‘safety’, insert ‘rights’. Amendment No. 15, in clause 120, page 65, line 25, at end insert— ‘(1A) The appropriate Minister shall by regulations make provision in relation to awareness of, and training in, human rights in accordance with this section.’. Amendment No. 16, in clause 122, page 66, line 16, at end insert— ‘““rights”” include human rights under the Human Rights Act 1998;’. Amendment No. 17, in schedule 6, page 138, line 29, at end insert— ‘(3A) The OHPA shall have regard to the desirability of improving the awareness of, and training in, human rights of its members.’. Amendment No. 18, in schedule 9, page 165, line 27, at end insert— ‘(ea) awareness of, and training in, human rights;’.