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Health and Social Care Bill

I agree, and our report focuses on recognising the fact that using the law through the court process will not bring about the substantive institutional and attitudinal change that addressing the issue through the Human Rights Act should achieve. It can be used as a tool to lever up standards more generally. Advocacy—for example, through the patient advocacy and liaison services in hospitals—is part of that. Indeed, in NHS hospitals we should not have a problem, because they are carrying out a public function, so the patients are already protected by the Act. Examples, such as cases of malnutrition, were given, and good practice has spread rapidly and widely as a result. The problem arises in relation to care homes but goes way beyond, and involves the impact of the YL case across what we thought were the public services, but that have been privatised or contracted out. The issue has exercised my Committee, and we have produced two separate reports on the meaning of ““public authority””. Earlier this year, we held a mini conference which was attended by Ministers, non-governmental organisations and others to discuss the best way to try to resolve the YL issue. I have also introduced a private Member's Bill on the issue two years running, and I shall bring it back in the next Session, if it does not become law this Session, to keep up the pressure for wider reform. The amendments are very narrow. They would merely restore the position—of care homes only—before the YL case, and would affect only publicly funded residents. I think that that would include part-funders because of the way the amendment is phrased, but perhaps my hon. Friend the Minister can confirm that. As my hon. Friend the Member for Luton, North (Kelvin Hopkins) suggested, that creates an anomaly whereby two residents in neighbouring rooms could be in different positions vis-à-vis their legal rights. I suspect that that will not, however, make much difference in practice to the service that they receive from the care home, because it would be very difficult for staff to treat one patient better because he or she was covered by the Human Rights Act, so standards will be generally levered up in any event. The issue of the YL case remains unresolved. I tabled an amendment on Report, and my hon. Friend said that the Government would consider it. I am pleased that they did so and tabled this amendment in the Lords. He has been as good as his word in addressing this issue, but the basic problem remains. What is happening is that it is being addressed issue by issue. For example, the other place is considering amendments to the Housing and Regeneration Bill in relation to the applicability to housing associations. In a recent court case—it may be going to appeal so I shall not give details—the High Court found that housing associations were covered by the Human Rights Act, but whether that will be sustained on appeal remains to be seen. It is another open question. Every area of public service in which some elements are contracted out or privatised has this problem, but it is only being addressed piecemeal. We need a comprehensive solution. The amendment is welcome as an emergency provision to deal with an urgent problem that has arisen out of the YL case, but it does not resolve the overall position for care homes generally or the meaning of ““public authority””. I hope that when my hon. Friend the Minister replies, he will be able to give us an indication of the Government's plans for dealing with the general consequences of YL across the piece for care homes and public services more generally. How do the Government propose to consult and take the issue forward and, more importantly, to what time scale will they do that? There were indications in the other place that, for example, the original intention behind the Human Rights Act, which was that such cases would be covered, might be under question. For example, on housing, the Minister in the other place suggested that it was never intended that housing associations would be included within the meaning of ““public authority””. However, that was clearly the intention, as shown by the debates in both Houses on the Human Rights Bill.