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Health and Social Care Bill

Members will recall that the previous time this Bill was before the House we undertook to address the issue of the application of the Human Rights Act 1998 following the decision in YL v. Birmingham city council. The effect of that decision is that residents whose care is publicly arranged do not have those rights we intended to put in place when we introduced the Human Rights Bill into Parliament. These amendments seek to address the immediate impact of the YL case for people receiving publicly arranged care in care homes. It remains the Government's view that in general the provision of publicly arranged health and social care should be considered a function of a public nature. The Government will therefore continue to treat those exercising such functions as subject to the Human Rights Act. In particular, it remains the Government's firm view that independent providers of NHS care under the National Health Service Act 2006 are, as the law currently stands, exercising a function of a public nature. The Minister with responsibility for human rights has committed to consulting in the near future on how to address the general issue of the definition of ““public authority”” in future, perhaps by means of legislation. The consultation process is the place and time to work out which functions should be subject to the Human Rights Act, and to work out how that can best be achieved. I am grateful to all those who have worked with the Government in preparing the amendment. I would particularly like to note the contributions of the British Institute of Human Rights and the Equality and Human Rights Commission. The amendment is a step along the road to addressing the issues around the scope of the Human Rights Act, but it is a very important step. It will provide the additional protection of the Act to some of the most vulnerable people in our society. I commend it to the House.