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Health and Social Care Bill

Lords amendment No. 51 makes local authority-funded private or voluntary sector care a function of a public nature under section 6(3)(b) of the Human Rights Act. It is important to note that privately funded individuals will still fall outside the scope of the Act. I would be grateful if the Minister also clarified the position of part-funders, which remains very unclear and therefore of grave concern to many who find themselves in that position. Nor does the amendment address the many failings identified in Government policy as regards the Human Rights Act. The Joint Committee on Human Rights report on the subject charted failings, under articles 2, 3, 8 and 14 of the European convention on human rights, in malnutrition and dehydration, which is a prime example, but also in inadequate assessment of a person's needs; abuse, neglect and bullying; lack of privacy in mixed sex wards—another serious issue that many regard as a broken commitment by the Government—lack of dignity, especially for personal care needs; too hasty discharge from hospital; fear of making complaints, a subject on which we touched during discussion of an earlier group of amendments; and age, disability and racial discrimination. Given all that has been discussed about equality matters in relation to recent legislative proposals, that is a continuing worry. May I highlight, I hope for the benefit of the House, how important the matter is and set the context to show why the amendments matter and why the process was important. The Bill went through this House in Committee and on Report and then went to the Lords. It seems that that process has moved the Government's position. I pay tribute to the hon. Member for Hendon (Mr. Dismore), who has been a doughty champion for that approach, and to the hon. Member for Luton, North (Kelvin Hopkins), who was often supported by the hon. Member for Tamworth (Mr. Jenkins) in Committee It was important for the Government to listen—we like to think they did—to the Opposition's arguments. In this area, the Liberal Democrat spokesmen also made a significant and important contribution. Many of the amendments relating to that area were in their names. The Government seem to have come to a seriously and significantly modified view. According to the Government, MRSA affected about 6,000 people in 2006-07, and C. difficile about 56,000. By contrast, in 2006-07, 139,127 patients were discharged from hospital in a state of malnourishment. This is not just a malnutrition issue—it is also a human rights issue. The Joint Committee on Human Rights in its recent report ““The Human Rights of Older People in Healthcare”” noted that malnutrition and dehydration in care settings breached articles 2, 3 and 8 of the European convention on human rights. Figures cited in the Department of Health's own nutrition action plan show that the cost of undernutrition is estimated at £7.3 billion a year, and a recent British Medical Journal study reported that about 20 per cent. of patients in hospital are malnourished.