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Debate on bill and Committee proceeding on Thursday, 22 May 2008, in the House of Lords.


Health and Social Care Bill

Health and Social Care Bill. Lords Committee stage eighth day. Clauses 123, 126, 129, 154-156 and 161 agreed to as amended. Clauses 124, 125, 127, 128, 130-153, 157-160 and 162-165 agreed to. Schedules 11-14 agreed to. Schedule 15 agreed to as amended. New Clause (Amendment 207A) agreed to on question. Bill reported with amendments (HL Bill 62).


Secondary information

Type
Parliamentary proceeding
Reference
701 c595-656GC 
Session
2007-08
Department
Department of Health
Legislative stage
Committee stage
Procedure
New clauses
Chamber / Committee
House of Lords Grand Committee
Related items
Proceeding contributions
Baroness Thornton | 701 c656GC (Link to this contribution) moved Amendments Nos. 225 and 225A: 225: Clause 161, page 106, line 27, after ““114,”” insert ““(D...
Baroness Thornton | 701 c654GC (Link to this contribution) moved Amendment No. 217: 217: Clause 155, page 105, line 4, leave out from ““provision)”” to ““unl...
Show all contributions (106)
Baroness Thornton | 701 c655GC (Link to this contribution) I completely agree with the noble Baroness that there should be clarity about the differing affects ...
Earl Howe | 701 c624GC (Link to this contribution) I thank all noble Lords who have spoken in this very useful debate and I thank the Minister for her ...
Baroness Barker | 701 c625-6GC (Link to this contribution) I thank the Minister. That is extremely helpful; she has answered the question that was at the heart...
Baroness Thornton | 701 c625GC (Link to this contribution) My advice is that the answer to that is yes.
Baroness Thornton | 701 c630GC (Link to this contribution) I beg to move that the Committee do now adjourn for 10 minutes and that we reconvene at 2.36 pm. Mo...
Baroness Finlay of Llandaff | 701 c621GC (Link to this contribution) I shall be quick, as I do not want to delay the Committee. The Government are providing an opportuni...
Baroness Masham of Ilton | 701 c601GC (Link to this contribution) The noble Earl raised the question of a person’s next of kin. Could the Bill not state that the next...
Baroness Tonge | 701 c603GC (Link to this contribution) Surely any word can be made to include whatever you want it to include if you define that word. By u...
Baroness Thornton | 701 c609-10GC (Link to this contribution) Amendments Nos. 198 to 203 would replace the emergency procedures in the Bill with those contained i...
Earl Howe | 701 c595GC (Link to this contribution) moved Amendment No. 171: 171: Clause 123, page 70, line 36, leave out ““or other suitable establis...
Baroness Tonge | 701 c598-9GC (Link to this contribution) Yes. I just find it extraordinary. There is a serious point here. It is a rather clumsy and all-embr...
Baroness Finlay of Llandaff | 701 c654-5GC (Link to this contribution) moved Amendment No. 219A: 219A: After Clause 157, insert the following new Clause— ““Provisions ap...
Earl Howe | 701 c651-2GC (Link to this contribution) moved Amendment No. 210: 210: Clause 149, page 99, line 25, at end insert— ““(3A) Nothing shall be...
Baroness Thornton | 701 c652-3GC (Link to this contribution) I have every sympathy with the intention behind these amendments, seeking as they do to ensure that ...
Baroness Thornton | 701 c649-50GC (Link to this contribution) I welcome this opportunity to explore this issue, and I will try to be brief in my remarks. I need t...
Baroness Barker | 701 c650-1GC (Link to this contribution) I thank the noble Baroness for her answer. I appreciate that she was trying to be brief but her comm...
Baroness Thornton | 701 c653-4GC (Link to this contribution) moved Amendments Nos. 213 to 215: 213: Clause 154, page 104, line 30, at end insert— ““( ) regulat...
Earl Howe | 701 c653GC (Link to this contribution) I am grateful to the Minister for her reply, which in many ways I found reassuring. I look forward t...
Baroness Thornton | 701 c635-6GC (Link to this contribution) I shall try to address all the points that noble Lords have raised. I turn first to the issues raise...
Baroness Masham of Ilton | 701 c634GC (Link to this contribution) I cannot understand why everyone is not covered by the Human Rights Act. What is the difference if y...
Baroness Masham of Ilton | 701 c636GC (Link to this contribution) Then surely all care homes should be covered.
Lord Walton of Detchant | 701 c644GC (Link to this contribution) I rise briefly to support warmly the amendment so ably proposed by the noble Baroness, Lady Campbell...
Baroness Thornton | 701 c646-7GC (Link to this contribution) I sympathise completely with the intention behind Amendment No 209, which was so eloquently moved by...
Baroness Thornton | 701 c625GC (Link to this contribution) The amendment would prevent HM Revenue and Customs recovering any overpayments of the health in preg...
Baroness Barker | 701 c624-5GC (Link to this contribution) moved Amendment No. 204C: 204C: Clause 126, page 81, line 26, leave out subsection (4) The noble ...
Baroness Finlay of Llandaff | 701 c625GC (Link to this contribution) Can the Minister confirm that the same would apply to a woman who had a soft tissue foetal abnormali...
Baroness Thornton | 701 c626-7GC (Link to this contribution) moved Amendment No. 206: 206: Clause 129, page 85, line 29, leave out subsection (6) and insert— “...
Baroness Barker | 701 c629-30GC (Link to this contribution) I thank the Minister for that helpful reply. Both she and my honourable friend in the other place, w...
Baroness Thornton | 701 c630-2GC (Link to this contribution) moved Amendment No. 207A: 207A: Before Clause 138, insert the following new Clause— ““Human Rights...
Baroness Finlay of Llandaff | 701 c611-2GC (Link to this contribution) Perhaps I may intervene briefly. It seems as though the noble Lord, Lord Hodgson of Astley Abbotts, ...
Baroness Thornton | 701 c612-3GC (Link to this contribution) The noble Baroness, Lady Howarth, has three or four groups of amendments during which she can see wh...
Baroness Howarth of Breckland | 701 c612GC (Link to this contribution) I stand here somewhat inadequately to speak to Amendment No. 203ZA, as I thought that the noble Baro...
Baroness Gibson of Market Rasen | 701 c610GC (Link to this contribution) Would the noble Baroness prefer to move Amendment No. 203ZA so that noble Lords can speak to it?
Baroness Murphy | 701 c610GC (Link to this contribution) I thank the Minister for that reply. Obviously, my noble friend Lady Stern will have to look at the ...
Baroness Cumberlege | 701 c619-20GC (Link to this contribution) I declare an interest as a patron of the National Childbirth Trust. It is an amazing organisation, w...
Earl Howe | 701 c616GC (Link to this contribution) It is reassuring to know that the evidence provided by Tamba has been taken with due seriousness by ...
Baroness Tonge | 701 c607GC (Link to this contribution) I thank the Minister for that extremely helpful and clear response. I will welcome the letter on the...
Baroness Tonge | 701 c605GC (Link to this contribution) moved Amendment No. 175B: 175B: Clause 123, page 71, line 33, leave out ““A justice of the peace””...
Baroness Murphy | 701 c609GC (Link to this contribution) moved Amendment No. 198: 198: Clause 123, page 78, line 23, leave out ““28”” and insert ““seven”” ...
Baroness Thornton | 701 c609GC (Link to this contribution) moved Amendment No. 197: 197: Clause 123, page 77, line 43, after ““If”” insert ““an instrument or...
Baroness Murphy | 701 c607-9GC (Link to this contribution) had given notice of her intention to move Amendment No. 196: 196: Clause 123, page 77, leave out l...
Baroness Thornton | 701 c607GC (Link to this contribution) moved Amendments Nos. 193 and 194: 193: Clause 123, page 77, line 25, leave out ““or”” 194: Clau...
Earl Howe | 701 c597-8GC (Link to this contribution) The combination of the noble Lord, Lord Walton, and the noble Baroness, Lady Finlay, has proved to b...
Lord Walton of Detchant | 701 c597GC (Link to this contribution) I apologise for not being here yesterday; I was giving a lecture in Oswestry, which is a long way aw...
Baroness Tonge | 701 c598GC (Link to this contribution) moved Amendment No. 175A: 175A: Clause 123, page 71, line 32, leave out ““things”” and insert ““fo...
Baroness Thornton | 701 c654GC (Link to this contribution) moved Amendments Nos. 218 and 219: 218: Clause 156, page 105, line 11, leave out ““(responsible of...
Baroness Thornton | 701 c655-6GC (Link to this contribution) moved Amendments Nos. 219C to 224: 219C: Schedule 15, page 194, line 36, at end insert— 220: Sch...
Baroness Campbell of Surbiton | 701 c648GC (Link to this contribution) I thank the Minister for her reply and the noble Lords, Lord Walton and Lord Low, and the noble Baro...
Lord Low of Dalston | 701 c647-8GC (Link to this contribution) Before the noble Baroness, Lady Campbell, responds on the lead amendment in the group, perhaps I may...
Baroness Thornton | 701 c648GC (Link to this contribution) We will be consulting all the organisations concerned. They will make a huge contribution, I am sure...
Baroness Thornton | 701 c636GC (Link to this contribution) All prisoners are covered by the same human rights legislation, whether they are in a privately fund...
Baroness Masham of Ilton | 701 c636GC (Link to this contribution) Does this happen in private and state prisons? Are some prisoners covered by human rights and others...
Baroness Howarth of Breckland | 701 c634GC (Link to this contribution) I reiterate that. It seems extraordinary that your human rights are governed by your financial situa...
Baroness Thornton | 701 c636GC (Link to this contribution) This is about a person’s private contractual arrangement with the service provider. On Question, am...
Lord Low of Dalston | 701 c642-4GC (Link to this contribution) I support the amendment which has been so ably moved by the noble Baroness, Lady Campbell. It is cle...
Baroness Finlay of Llandaff | 701 c645GC (Link to this contribution) The cost to the nation of the amendment would be lower than the current costs because we have people...
Baroness Thornton | 701 c638-9GC (Link to this contribution) The noble Baroness, Lady Masham, is always admirably brief and to the point in her remarks. I thank ...
Baroness Finlay of Llandaff | 701 c639-40GC (Link to this contribution) I am most grateful to the Minister for giving an in-depth assurance in response to the points raised...
Baroness Barker | 701 c647GC (Link to this contribution) I have listened carefully to the Minister as I suspected that she might say what she did, but I want...
Baroness Thornton | 701 c647GC (Link to this contribution) The noble Baroness is right: this is a difficult problem and we will do our best to address it in th...
Baroness Thornton | 701 c621-3GC (Link to this contribution) The noble Baroness is right: this has been a very good debate. Part 4 introduces the health in pregn...
Lord Low of Dalston | 701 c632-3GC (Link to this contribution) I very much welcome the amendment. The Government are to be congratulated on bringing it forward. Wi...
Baroness Murphy | 701 c633GC (Link to this contribution) I add my thanks to the Government for responding so wholeheartedly to the demands from various sides...
Baroness Barker | 701 c633-4GC (Link to this contribution) I join other noble Lords in welcoming the Government’s move in this amendment and their recognition ...
Baroness Barker | 701 c611GC (Link to this contribution) Amendment No. 204 is grouped with the amendment so ably moved by the noble Earl, Lord Howe, and I am...
Baroness Thornton | 701 c610GC (Link to this contribution) If the noble Earl would move the amendment, that would probably be the most sensible way to proceed....
Baroness Murphy | 701 c620-1GC (Link to this contribution) I shall add my two pennyworth on this one. I have total incomprehension about why this benefit was d...
Baroness Howarth of Breckland | 701 c618-9GC (Link to this contribution) The noble Earl reminded me of the third point that I wanted to make earlier. He has added another qu...
Earl Howe | 701 c614-5GC (Link to this contribution) moved Amendment No. 204A: 204A: Clause 125, page 80, line 32, at end insert— ““(3) In multiple bir...
Baroness Finlay of Llandaff | 701 c615GC (Link to this contribution) I wish to put before the Committee another piece of evidence in relation to nutrition. It seems that...
Earl Howe | 701 c614GC (Link to this contribution) I am sure that the Committee will be grateful to the Minister for her full reply, which the noble Ba...
Baroness Thornton | 701 c603GC (Link to this contribution) I think that the noble Baroness is mistaken because in the Bill we have to legislate for things that...
Lord Walton of Detchant | 701 c601GC (Link to this contribution) I, too, felt extremely uncomfortable reading the first draft of the Bill and, indeed, the present ve...
Earl Howe | 701 c599-601GC (Link to this contribution) Amendments Nos. 177 and 180, which are grouped here, focus on the powers that the Bill confers on ma...
Baroness Howarth of Breckland | 701 c602GC (Link to this contribution) I apologise for being a little late. My committee was considering organ donation, so there are some ...
Baroness Finlay of Llandaff | 701 c602GC (Link to this contribution) This is simply a request for the Minister to clarify the relationship between these provisions and t...
Lord Walton of Detchant | 701 c602GC (Link to this contribution) I shall come in on that point, although I am open to correction. I am glad that the noble Baroness r...
Baroness Thornton | 701 c605-7GC (Link to this contribution) Under Clause 123, a justice of the peace has the power, following an application from a local author...
Baroness Tonge | 701 c604GC (Link to this contribution) I thank the Minister for her reply. I am not particularly hung up about the word ““fomite””; it was ...
Baroness Thornton | 701 c603-4GC (Link to this contribution) The problem with adding words is that we still have the task of defining things. If between now and ...
Baroness Finlay of Llandaff | 701 c655GC (Link to this contribution) I am delighted. I know that the Secretary of State for Wales and Welsh MPs know about this, so I wil...
Baroness Barker | 701 c649GC (Link to this contribution) At this stage of our deliberations I do not wish to take up a great deal of time on whether this gro...
Earl Howe | 701 c635GC (Link to this contribution) Perhaps I may briefly add my own welcome to these amendments. The points I intended to raise have al...
Baroness Finlay of Llandaff | 701 c636-8GC (Link to this contribution) moved Amendment No. 208: 208: Clause 138, page 93, line 21, at end insert— ““(m) as to the safegua...
Baroness Masham of Ilton | 701 c638GC (Link to this contribution) The noble Baroness, Lady Wilkins, is recovering from an operation. That is why she is not here today...
Baroness Howarth of Breckland | 701 c644-5GC (Link to this contribution) I declare an interest as the chair of the new charity, Livability, which is a combination of the ver...
Baroness Campbell of Surbiton | 701 c640-2GC (Link to this contribution) moved Amendment No. 209: 209: After Clause 140, insert the following new Clause— ““Continuity of s...
Baroness Thornton | 701 c626GC (Link to this contribution) moved Amendment No. 205: 205: Clause 126, page 81, line 32, leave out subsection (6) and insert— “...
Earl Howe | 701 c626GC (Link to this contribution) I am tempted to ask the Minister a question or two because whenever we talk about Her Majesty’s Reve...
Baroness Thornton | 701 c626GC (Link to this contribution) The Government acknowledge that the noble Earl is completely right. The disclosure of information of...
Baroness Cumberlege | 701 c628-9GC (Link to this contribution) I support the amendment, which has been very well introduced by the noble Baroness, Lady Barker. The...
Baroness Barker | 701 c627-8GC (Link to this contribution) moved Amendment No. 207: 207: Schedule 12, page 184, line 7, at end insert— ““ In section 165 of t...
Baroness Thornton | 701 c629GC (Link to this contribution) Section 164 of the NHS Act 2006 allows the Secretary of State to authorise any primary care trust or...
Baroness Barker | 701 c610GC (Link to this contribution) I think that the noble Earl, Lord Howe, is in a position to move Amendment No. 203ZA.
Earl Howe | 701 c610-1GC (Link to this contribution) moved Amendment No. 203ZA: 203ZA: Clause 125, page 80, line 14, leave out ““a specified stage”” an...
Baroness Barker | 701 c610GC (Link to this contribution) In the absence of the noble Baroness, Lady Greengross, and the noble Lord, Lord Hodgson of Astley Ab...
Earl Howe | 701 c616-8GC (Link to this contribution) I hope that the Committee will think it right to debate this and the subsequent two clauses in the r...
Baroness Thornton | 701 c615-6GC (Link to this contribution) Amendments Nos. 204A and 204B have been tabled as a result of concerns that women expecting a multip...
Baroness Masham of Ilton | 701 c603GC (Link to this contribution) Does the Minister agree that the words ““person”” and ““thing”” could be used? That might help the n...
Baroness Thornton | 701 c602-3GC (Link to this contribution) This is a discussion in two parts: it is about ““things”” and the important issue of destroying ““th...
Baroness Thornton | 701 c597GC (Link to this contribution) I thank the noble Lord, Lord Walton of Detchant. He is, as ever, absolutely correct and exactly desc...
Baroness Thornton | 701 c596-7GC (Link to this contribution) Amendment No. 171 would remove the power for a justice of the peace to detain an individual in a sui...
Baroness Finlay of Llandaff | 701 c595-6GC (Link to this contribution) After our debate yesterday, I tried to work through some of these provisions looking at worst-case s...
Subjects
Disability Disclosure of information Data protection Devolved matters Care homes Detainees Carers Department for Work and Pensions Health Finance Human rights Health hazards Drugs Disease control Grants Infectious diseases Overpayments Private sector NHS Protection Older people National Assembly for Wales Parliamentary scrutiny Magistrates Pregnancy Standards Terrorism Wales Social services Departmental coordination Revenue and Customs
Legislation
Health and Social Care Bill 2007-08
Link
View this Parliamentary proceeding on www.publications.parliament.uk