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Health and Social Care Bill

We looked at the last report where the committee expressed its dissatisfaction with the response made by the other place and we have been taking action to push bodies that we think need to consider this. I have given the example of dentists because they seem to have been active in this area, and their document Standards for Dental Professionals has a section on patient dignity and choices which addresses human rights issues. That is the good practice we need to build on. We feel that, in light of the actions that we are already taking overall to improve human rights awareness and the training that healthcare professionals already receive, the amendments are not required. There are also specific reasons why we feel that each individual amendment is not needed, which I will now set out. Amendment No. 117 imposes a requirement on the OHPA to ensure that it has regard to the desirability of improving the awareness of and training in human rights issues among its members. However, as a public body, the OHPA will already be bound by the Human Rights Act. In addition, the chair of the OHPA is required by the Bill to be legally qualified, which will ensure that on the board of the OHPA there is a strong understanding of its legal duties in relation to human rights. Clause 97 also requires the OHPA to provide appropriate training to its panellists, which will of course include training around human rights. In relation to the specific intentions set out in the JCHR report, OHPA will not actually deal with qualifications, relicensing or accreditation; its only remit is to ensure that fitness to practise cases are determined fairly. Amendment No. 138 would require CHRE to promote the human rights of patients and the public. However, the function of CHRE is to promote the health, safety and well-being of patients; this already fundamentally encompasses promoting human rights. In promoting, for example, the well-being of patients, CHRE will of course be seeking to ensure that convention values such as the dignity of the patient are respected. Like the OHPA, CHRE is also a public authority and as such must act in accordance with human rights under the European convention. Amendment No. 154 seeks to add, "““awareness of, and training in, human rights””," to the list of examples in paragraph 2 of Schedule 9 of the kinds of regulations that can be made under Clause 118. This is unnecessary. The list gives examples of the types of areas which may be covered, but is not exclusive. Therefore, regulations could already make provision for human rights training and education—and training is already in the list of examples in the Bill. Amendment No. 157 imposes a requirement on the Secretary of State and Welsh Ministers to make regulations about awareness and training in human rights issues, under the power to modify the functions of the General Social Care Council and the Care Council for Wales that relate to the education and training of approved mental health professionals. Again, this amendment is not necessary as both councils are public bodies and as such have to comply with the Human Rights Act. I have set out the specific reasons why these amendments are not necessary, but I hope that noble Lords will also consider these arguments in light of the overall steps we are taking to improve human rights awareness across the board, which I began by detailing. On that basis, I hope that the noble Earl will feel able to withdraw his amendment.