Debate on bill and Committee proceeding on Wednesday, 21 May 2008, in the House of Lords.
Health and Social Care Bill
Secondary information
- Type
- Parliamentary proceeding
- Reference
- 701 c529-94GC
- Session
- 2007-08
- Department
- Department of Health
- Procedure
- New clauses
- Chamber / Committee
- House of Lords Grand Committee
- Related items
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Health and Social Care Bill. Brought from the Commons. Explanatory Notes HL Bill 33 also published.
Tuesday, 19 February 2008
Bills
House of Lords
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Delegated Powers and Regulatory Reform Committee. 6th report on Health and Social Care Bill; Sunday Trading (Horticulture) Bill (HL); Children and Young Persons Bill (HL) - Government amendment; Climate Change Bill (HL) - Government amendments; Criminal Justice and Immigration Bill - Government amendment; Regulatory Enforcement and Sanctions Bill (HL) - Government amendments; Climate Change Bill (HL) - Government response; Criminal Justice and Immigration Bill - Government response; and draft Legislative Reform (Health and Safety Executive) Order 2008.
Wednesday, 12 March 2008
Parliamentary committees
House of Lords
- Proceeding contributions
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Baroness Thornton | 701 c577-8GC (Link to this contribution) New Section 45D(1) and (2) insert a safeguard into the domestic regulation-making power. That safegu...
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Earl Howe | 701 c584-5GC (Link to this contribution) moved Amendment No. 169: 169: Clause 123, page 70, line 28, at end insert— ““(ba) the infection or...
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Earl Howe | 701 c594GC (Link to this contribution) I am going to have to think very carefully about that one—that the significance of the risk is impli...
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Baroness Thornton | 701 c557-8GC (Link to this contribution) There may be occasions when it is one of his colleagues’ responsibilities to solve the problem. That...
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Baroness Finlay of Llandaff | 701 c551-2GC (Link to this contribution) moved Amendment No. 142: 142: Clause 114, page 58, line 30, at end insert— ““(1A) Any person eligi...
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Baroness Thornton | 701 c564-5GC (Link to this contribution) Before discussing the specific amendments I should point out that this measure is in the Bill becaus...
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Baroness Stern | 701 c571-2GC (Link to this contribution) I shall speak to Amendments Nos. 166 and 167 in the group. As the rest of the amendments in my name ...
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Baroness Gould of Potternewton | 701 c529GC (Link to this contribution) Before we start, I have to make the usual announcement. If there is a Division in the Chamber while ...
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Earl Howe | 701 c550-1GC (Link to this contribution) I am grateful to the noble Baroness for giving way before she advises the Grand Committee on what sh...
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Baroness Finlay of Llandaff | 701 c538GC (Link to this contribution) I understand that the GMC has been keen to separate the investigation from the adjudication, which i...
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Baroness Finlay of Llandaff | 701 c581GC (Link to this contribution) I add my support to the principle behind this group of amendments. While I can see that you need to ...
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Baroness Stern | 701 c584GC (Link to this contribution) I am grateful to the Minister for her helpful answer and for agreeing to take away matters and look ...
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Earl Howe | 701 c578GC (Link to this contribution) Before the noble Baroness decides what to do with her amendment, I have a question. Am I not right t...
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Earl Howe | 701 c580-1GC (Link to this contribution) I support the amendments that were so ably spoken to by the noble Baroness, Lady Stern. My comments ...
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Baroness Thornton | 701 c594GC (Link to this contribution) I understand that the intention behind these amendments is to ensure that where there is an insignif...
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Baroness Thornton | 701 c594GC (Link to this contribution) It may be a convenient moment for the Committee to adjourn until tomorrow at 12 noon.
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Baroness Thornton | 701 c557GC (Link to this contribution) It may be appropriate that somebody else in the organisation does so.
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Baroness Cumberlege | 701 c554-5GC (Link to this contribution) As I understand it, these new sections codify and make statutory the position of the medical directo...
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Lord Tunnicliffe | 701 c560-1GC (Link to this contribution) moved Amendment No. 145: 145: Clause 114, page 61, leave out lines 37 to 39 and insert— ““(3) A st...
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Baroness Thornton | 701 c560GC (Link to this contribution) I shall need to reflect on the questions that the noble Baroness asked, because she has made legitim...
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Baroness Thornton | 701 c559GC (Link to this contribution) The medical director’s line of accountability will continue to be to the board. Clearly, responsible...
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Baroness Thornton | 701 c558GC (Link to this contribution) That is not what I said.
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Baroness Thornton | 701 c567-8GC (Link to this contribution) moved Amendments Nos. 155 and 156: 155: Schedule 9, page 170, line 42, after ““State”” insert ““ap...
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Baroness Thornton | 701 c566GC (Link to this contribution) moved Amendment No. 152: 152: After Clause 117, insert the following new Clause— ““Hearing Aid Cou...
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Earl Howe | 701 c566-7GC (Link to this contribution) moved Amendment No. 153: 153: Schedule 9, page 169, line 30, leave out ““any description of social...
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Baroness Finlay of Llandaff | 701 c563-4GC (Link to this contribution) I would certainly like to speak to the amendment in my name but do so considering the generous invit...
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Baroness Tonge | 701 c569GC (Link to this contribution) Has it occurred to the noble Earl that these powers already exist in the Civil Contingencies Act, wh...
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Baroness Thornton | 701 c576GC (Link to this contribution) My understanding as a lay person is that the Civil Contingencies Act is there to deal with the gaps ...
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Baroness Thornton | 701 c568GC (Link to this contribution) moved Amendments Nos. 158 and 159: 158: Schedule 10, page 174, line 28, at end insert— ““ In secti...
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Earl Howe | 701 c568-9GC (Link to this contribution) moved Amendment No. 161: 161: Clause 123, page 68, leave out lines 15 to 17 The noble Earl said: ...
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Earl Howe | 701 c529-31GC (Link to this contribution) We come now to the important subject of the standard of proof to be applied in fitness-to-practise p...
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Baroness Gardner of Parkes | 701 c545GC (Link to this contribution) I thank the Minister for that helpful reply. As we are in Committee, and we cannot divide in any cas...
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Baroness Thornton | 701 c544-5GC (Link to this contribution) Amendment No. 137 would amend the Dentists Act 1984 to allow retired dentists to remain on the denti...
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Baroness Thornton | 701 c534-7GC (Link to this contribution) Clause 107 requires all the healthcare professions’ regulatory bodies and the new Office of the Heal...
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Baroness Cumberlege | 701 c533-4GC (Link to this contribution) This is a terribly difficult issue and I was interested in the questions that my noble friend and th...
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Baroness Tonge | 701 c532-3GC (Link to this contribution) As a member of the medical profession, although it is a long time since I practised, I was quite ple...
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Baroness Finlay of Llandaff | 701 c531-2GC (Link to this contribution) I will speak also to the Question whether Clause 119 should stand part of the Bill. It is included i...
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Earl Howe | 701 c538-9GC (Link to this contribution) This has been a useful debate. I thank the Minister for her reply. What doctors will want to be conf...
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Baroness Finlay of Llandaff | 701 c577GC (Link to this contribution) Assessing risk is, ultimately, trying to predict an unknown. One of the difficulties when faced with...
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Baroness Thornton | 701 c582-3GC (Link to this contribution) New Section 45L(3) of Clause 123 sets the maximum time for which a justice of the peace can order in...
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Baroness Stern | 701 c578-9GC (Link to this contribution) I am most grateful to the noble Earl, Lord Howe, for understanding so clearly what the Joint Committ...
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Baroness Tonge | 701 c588-9GC (Link to this contribution) I shall speak to Amendment No. 175 which is tabled in my name and the names of my noble friend Lady ...
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Baroness Gould of Potternewton | 701 c586-8GC (Link to this contribution) I shall speak to Amendment No. 175, which should have had my name attached to it but, for some reaso...
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Earl Howe | 701 c593-4GC (Link to this contribution) moved Amendment No. 170: 170: Clause 123, page 70, line 29, after ““a”” insert ““significant”” Th...
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Baroness Murphy | 701 c589-90GC (Link to this contribution) I am sorry to be keeping people from their dinners, but I want to make a few points about this group...
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Earl of Onslow | 701 c557GC (Link to this contribution) If the man is responsible for running something, why should it be the responsibility of somebody els...
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Baroness Tonge | 701 c555-6GC (Link to this contribution) I do not want to say much on this issue, as it really has all been said; it has been put so elegantl...
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Baroness Thornton | 701 c556-7GC (Link to this contribution) Amendment No. 142 would place a requirement in the Bill for responsible officers to be registered wi...
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Baroness Thornton | 701 c561GC (Link to this contribution) moved Amendment No. 146: 146: Clause 114, page 61, line 44, leave out from beginning to end of lin...
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Baroness Finlay of Llandaff | 701 c560GC (Link to this contribution) I am most grateful to the noble Baroness for her reply. In light of that, I beg leave to withdraw th...
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Baroness Finlay of Llandaff | 701 c559-60GC (Link to this contribution) I am most grateful to the Minister and I am particularly grateful to the noble Earl, Lord Howe, and ...
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Baroness Tonge | 701 c558-9GC (Link to this contribution) Is there not the potential here to undermine an organisation’s whole board of management? I cannot s...
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Baroness Cumberlege | 701 c567GC (Link to this contribution) I support my noble friend, and perhaps I may suggest that from now on he should join the Bill team.
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Earl Howe | 701 c576GC (Link to this contribution) There was one question that I do not think the noble Baroness answered, although I thank her for her...
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Baroness Thornton | 701 c573-5GC (Link to this contribution) As the noble Earl said, we now turn to Part 3. Clause 123 updates the Public Health (Control of Dise...
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Baroness Tonge | 701 c575GC (Link to this contribution) I want to explore and get quite clear the relationship between the Civil Contingencies Act and these...
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Baroness Finlay of Llandaff | 701 c550GC (Link to this contribution) I am most grateful for the Minister’s clarification. I can see that the wording of my amendment woul...
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Baroness Thornton | 701 c538GC (Link to this contribution) I accept what the noble Baroness says, but I shall read out a quotation from the report by Nigel Ple...
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Baroness Stern | 701 c576-7GC (Link to this contribution) moved Amendment No. 163: 163: Clause 123, page 68, line 46, leave out from ““unless”” to ““the”” i...
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Baroness Stern | 701 c579-80GC (Link to this contribution) moved Amendment No. 168: 168: Clause 123, page 70, line 19, after ““review”” insert ““by a magistr...
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Baroness Stern | 701 c585-6GC (Link to this contribution) I would like briefly to speak to Amendments Nos. 173 and 174. Amendment No. 173 concerns the proport...
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Earl Howe | 701 c593GC (Link to this contribution) This has been a good and interesting debate and I thank the Minister for her comprehensive reply, wh...
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Baroness Thornton | 701 c590-2GC (Link to this contribution) Under the provisions of Clause 123, a justice of the peace must be satisfied that four criteria are ...
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Baroness Tonge | 701 c558GC (Link to this contribution) I am sorry to interrupt the Minister but I am extremely unhappy about this. She says that the respon...
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Earl of Onslow | 701 c557GC (Link to this contribution) I heard the Minister say that the amendment would make responsible officers investigate every system...
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Earl Howe | 701 c552-4GC (Link to this contribution) It is clear from my own recent discussions with the medical profession and bodies that represent doc...
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Earl Howe | 701 c561-3GC (Link to this contribution) moved Amendment No. 150: 150: Clause 116, page 63, line 25, leave out ““may”” and insert ““would, ...
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Baroness Thornton | 701 c561GC (Link to this contribution) I beg to move that the Committee do now adjourn for 10 minutes and that we reconvene at 5.57 pm. Mo...
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Earl Howe | 701 c565-6GC (Link to this contribution) That was a helpful reply, which I shall have to reflect on. The example that she gave illustrates wh...
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Lord Tunnicliffe | 701 c567GC (Link to this contribution) I am advised by colleagues that this is a pretty unprecedented moment. Amendment No. 153 would make ...
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Earl Howe | 701 c567GC (Link to this contribution) This is extremely good news. I can only express my heartfelt gratitude to the Minister for having ac...
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Baroness Murphy | 701 c572-3GC (Link to this contribution) I shall speak briefly to probing Amendment No. 166A. I support the amendments of the noble Baroness,...
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Earl Howe | 701 c569-71GC (Link to this contribution) The noble Baroness makes an extremely important point. I was going to ask the Minister whether she c...
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Baroness Finlay of Llandaff | 701 c545-6GC (Link to this contribution) moved Amendment No. 139: 139: Clause 110, page 55, line 34, after ““general),”” insert — ““(a) ”” ...
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Baroness Cumberlege | 701 c547-8GC (Link to this contribution) I support my noble friend. I fear that I am boring for Britain on the subject of the independence of...
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Earl Howe | 701 c546-7GC (Link to this contribution) My Amendments Nos. 139A and 141 are grouped with the amendment of the noble Baroness. Amendment No. ...
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Baroness Gardner of Parkes | 701 c539-44GC (Link to this contribution) moved Amendment No. 137: 137: After Clause 107, insert the following new Clause— ““Dentists regist...
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Baroness Thornton | 701 c548-50GC (Link to this contribution) Amendments Nos. 139 and 140 would widen the powers and duties of the Council for Healthcare Regulato...
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Baroness Finlay of Llandaff | 701 c551GC (Link to this contribution) I beg leave to withdraw the amendment. Amendment, by leave, withdrawn. [Amendments Nos. 139A and 1...
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Baroness Finlay of Llandaff | 701 c537-8GC (Link to this contribution) The Minister made a statement on which I would appreciate some background. It was that the use, unti...
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Earl Howe | 701 c539GC (Link to this contribution) The point that I am making is not so much about the theory as about the practice. We are in a transi...
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Baroness Tonge | 701 c539GC (Link to this contribution) I accept what the noble Earl has just said, but would it not equally apply to all professionals? Tha...
- Subjects
- Disciplinary proceedings Disclosure of information Dental services Criminal proceedings Civil proceedings Cooperation Dentistry General Medical Council Health services Fees and charges Health professions HIV/AIDS General practitioners Misconduct NHS Magistrates' courts Non-departmental public bodies Registration Standards Regulation Social workers Council for Healthcare Regulatory Excellence General Dental Council Hearing Aid Council Statutory instruments
- Legislation
- Health and Social Care Bill 2007-08
- National Assembly for Wales (Disqualification) Order 2006
- Link
- View this Parliamentary proceeding on www.publications.parliament.uk
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