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Health and Social Care Bill

moved Amendment No. 57: 57: Clause 25, page 13, line 21, leave out ““provisions of this Chapter”” and insert ““relevant requirements”” The noble Baroness said: In moving Amendment No. 57, I shall also speak to a number of other minor and consequential amendments—Amendments Nos. 105, 114, 115, 116, 116A and 219C. I begin with Government Amendments Nos. 105 and 114, which have been agreed with our colleagues in the Welsh Assembly Government. Amendment No. 105 is an amendment to Clause 65, which requires the commission and the Welsh Ministers to co-operate with one another in order to carry out their respective functions efficiently and effectively. Effective cooperation may require information-sharing; one example might be where a patient receiving treatment under the Mental Health Act moves across the border from England to Wales. Under the responsibilities of the commission and the Welsh Ministers to appoint second opinion appointed doctors, one may need to alert the other to an existing certificate provided by such a doctor authorising a patient’s treatment. Amendment No.105 therefore enables this exchange of information. Section 143 of the Health and Social Care (Community Health and Standards) Act 2003 allows the Welsh Ministers to use information gathered in connection with the exercise of a particular function for the purposes of the exercise of other functions. For example, information obtained by Welsh Ministers in assessing a registered care home might also be used by them in considering the appropriateness of a local authority’s actions in determining whether people should be placed in that care home. Amendment No. 114 is designed to expand the list of specific functions exercised by the Welsh Ministers to which this power to use information will apply to cover new functions they are being given. These include the functions the Mental Health Act Commission currently have in Wales, which are being transferred to the Welsh Ministers, and the functions that are to be given to the Welsh Ministers under the Mental Capacity Act 2005 relating to monitoring the application of the new deprivation of liberty safeguards. The remaining amendments in this group—Amendments Nos. 57, 115, 116, 116A and 219C—are minor, technical amendments to a drafting error in Clause 25, to the Local Government Act 1999, to the Regulation of Investigatory Powers Act 2000 and to the Freedom of Information Act 2000. I beg to move. On Question, amendment agreed to.