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Health and Social Care Bill

With the leave of the House, Madam Deputy Speaker. I was hoping to respond to my hon. Friend the Member for Hendon (Mr. Dismore), but I have just been sent a rather confusing note that slightly contradicts my introductory comments about the timing of the consultation on the scope of the Human Rights Act. I originally said that we would consult on the subject in the near future. My hon. Friend will probably know this better than I do, as he follows these things much more closely, but the note says that we are already consulting. I am sure that I shall be able to write to him with clarification. Whether we are already consulting or will consult soon, that consultation is the context in which to have the broader debate about which legislative vehicle should be used and what constitutes a public provision. The bill of rights and responsibilities announced in the draft legislative programme—of which the consultation, whether it has started or not, is part—would provide the legislative vehicle that my hon. Friend seeks. My hon. Friend and a number of hon. Members asked about the position of part-funders, about which there is still a misunderstanding. The amendment applies to all whose residential social care is arranged by a local authority; it is not to do with funding. For example, the Government's view is that when a patient receives NHS nursing care, that is already a public function covered by the Human Rights Act, as I said in my opening remarks. Lords amendment agreed to. Lords amendments Nos. 52 to 91 agreed to.