Health Bill [H.L.] -
Amendments to be debated in the House of Lords
- continued
House of Lords

back to previous amendments
 
  
Clause 16
 
  
BY THE EARL HOWE
THE LORD ASTOR OF HEVER
THE LORD McCOLL OF DULWICH
 
115     Page 13, line 3, leave out ("NHS premises") and insert ("the premises of any body under the jurisdiction of the Commission") 
  
BY THE LORD CLEMENT-JONES
THE BARONESS THOMAS OF WALLISWOOD
 
116     Page 13, line 3, after ("premises") insert ("or premises where health services are provided by private healthcare institutions") 
  
BY THE EARL HOWE
THE LORD McCOLL OF DULWICH
THE LORD ASTOR OF HEVER
 
117     Page 13, line 3, after ("premises") insert ("and independent hospitals") 
118     Page 13, line 22, after ("individual") insert ("or a deceased person") 
119     Page 13, line 25, at end insert ("from that document or information alone, or in combination with other information which is in the possession of, or is likely to come into the possession of the Commission,") 
120     Page 13, leave out lines 28 and 29 
121     Page 13, line 46, after ("information") insert ("alone, or in combination with other information which is in the possession of, or is likely to come into the possession of the Commission,") 
122     Page 14, line 20, at end insert--
    (""independent hospitals" has the meaning given by section 13,")
 
  
BY THE EARL HOWE
THE LORD ASTOR OF HEVER
THE LORD McCOLL OF DULWICH
 
123     Page 14, leave out lines 21 to 23 and insert--
    (""the premises of any body under the jurisdiction of the Commission" means the premises of any body in respect of which the Commission exercises functions under section 15,")
 
  
Clause 17
 
  
BY THE EARL HOWE
THE LORD McCOLL OF DULWICH
THE LORD ASTOR OF HEVER
 
124     Page 14, line 29, leave out ("during the lifetime of that individual") 
  
BY THE EARL HOWE
THE LORD ASTOR OF HEVER
THE LORD McCOLL OF DULWICH
 
125     Page 14, line 29, leave out ("during the lifetime") and insert ("until the expiry of a period of 30 years beginning with the recorded date of the death") 
  
BY THE LORD CLEMENT-JONES
THE BARONESS THOMAS OF WALLISWOOD
 
126     Page 15, line 13, after ("any") insert ("serious") 
  
BY THE EARL HOWE
THE LORD McCOLL OF DULWICH
THE LORD ASTOR OF HEVER
 
127     Page 15, line 21, leave out ("threat to the health or safety of") and insert ("risk of death or serious harm to") 
128     Page 15, line 24, leave out from ("disclosed") to end of line and insert ("where a failure to do so may expose others to risk of death or serious harm.") 
  
After Clause 18
 
  
BY THE LORD CLEMENT-JONES
THE BARONESS SHARP OF GUILDFORD
 
129*     Insert the following new Clause-- 
     ("  .--(1)  The bodies mentioned in subsection (2) below must make arrangements to secure continuous improvement in the way in which their functions are exercised, having regard to a combination of economy, efficiency and effectiveness.
 
    (2)  The bodies are--
    (a)  Health Authorities;
    (b)  Special Health Authorities;
    (c)  Primary Care Trusts; and
    (d)  NHS Trusts.
    (3)  For the purpose of deciding how to fulfil the duty arising under subsection (1), a body must consult--
    (a)  representatives of persons who use or are likely to use services provided by the body; and
    (b)  representatives of persons appearing to the body to have an interest in any area within which the body carries out functions.
    (4)  The Secretary of State may by order specify--
    (a)  factors ("performance indicators") by reference to which a body's performance in exercising functions can be measured; and
    (b)  standards ("performance standards") to be met by bodies in relation to performance indicators specified under paragraph (a).
    (5)  In specifying performance indicators and standards, and in deciding whether to do so, the Secretary of State shall--
    (a)  aim to promote improvement of the way in which the functions of a body are exercised, having regard to a combination of economy, efficiency and effectiveness; and
    (b)  have regard to any recommendations made to him by the Audit Commission and the Commission for Health Improvement.
    (6)  In exercising a function a body must meet any applicable performance standard specified under subsection (4)(b).")
Performance standards and indicators.
  
BY THE LORD CLEMENT-JONES
THE BARONESS THOMAS OF WALLISWOOD
 
130     Insert the following new Clause-- 
     ("  .--(1)  The Secretary of State shall establish a standing conference (referred to in this Act as the Standing Conference) which shall have the duty of--
    (a)  conducting an annual review of, and the making of reports and recommendations to the Secretary of State on, treatment priorities and funding in the NHS after consultation with the National Institute for Clinical Excellence; and
    (b)  establishing a clear set of values and guidelines to clarify the decision-making process to be applied by Health Authorities, Special Health Authorities, Primary Care Trusts and NHS Trusts to ensure that patients are entitled to equal and consistent treatment, to be given clear treatment options and reasons where treatment is denied.
    (2)  The reports of the Standing Conference shall be published annually and shall take account inter alia of--
    (a)  the views of the public on the priority of treatments;
    (b)  the efficacy of treatments;
    (c)  the cost benefit of treatments; and
    (d)  the affordability of treatments.
    (3)  The members of the Standing Conference shall be appointed by the Secretary of State and shall consist of an equal number of lay members and members involved in the delivery of health care.
 
    (4)  In exercising his functions under the 1977 Act, the National Health Service and Community Care Act 1990 or this Act, the Secretary of State shall have regard to the reports and recommendations of the Standing Conference.")
Standing conference.
  
BY THE LORD LUCAS
 
131*     Insert the following new Clause-- 
 ("Access to information 
       .  The provisions of Part VA of the Local Government Act 1972 shall apply to a Primary Care Trust and to the Commission for Health Improvement as if in that Part any reference to a principal council included a reference to a Primary Care Trust and the Commission for Health Improvement.")Access to information.
  
Clause 19
 
  
BY THE LORD CLEMENT-JONES
THE BARONESS SHARP OF GUILDFORD
 
132     Page 15, line 32, after ("other") insert ("and relevant voluntary and community organisations") 
  
BY THE EARL HOWE
THE LORD ASTOR OF HEVER
THE LORD McCOLL OF DULWICH
 
133     Page 15, line 33, at end insert--
 
    ("(2)  To this end any bodies mentioned in subsection (1) which have co-operated with each other in exercising prescribed functions shall--
    (a)  meet at least 4 times per year in public to discuss partnership arrangements;
    (b)  invite a representative from all affected community health councils and local authorities;
    (c)  make an annual report on such meetings to the Secretary of State, which he shall publish.
    (3)  In subsection (2) "prescribed" means prescribed by regulations made by the Secretary of State.")
 
  
BY THE LORD HARRIS OF HARINGEY
 
134*     Page 15, line 33, at end insert--
 
    ("(2)  This duty of co-operation shall extend wherever appropriate to groups representing patients, carers and the wider community.")
 
  
BY THE EARL HOWE
THE LORD McCOLL OF DULWICH
THE LORD ASTOR OF HEVER
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 19 stand part of the Bill. 
  
After Clause 20
 
  
BY THE BARONESS PITKEATHLEY
 
135     Insert the following new Clause-- 
     ("  .--(1)  Section 47 of the National Health Service and Community Care Act 1990 (assessment of needs for community care services) is amended as follows.
 
    (2)  In subsection (3), for the words "notify that Health Authority or local housing authority and invite them to assist, to such extent as is reasonable in the circumstances, in the making of the assessment;" there shall be inserted "in the case of a Health Authority require, and in the case of a local housing authority invite, the authority concerned to assist, to such extent as is reasonable in the circumstances, in the making of an assessment;".")
Requirement of Health Authorities to assist community care assessment.
  
Clause 21
 
  
BY THE LORD CLEMENT-JONES
THE BARONESS SHARP OF GUILDFORD
 
136     Page 16, line 6, after ("Authority") insert ("and Special Health Authority") 
137     Page 16, line 6, leave out from ("Authority") to ("to") in line 7 
138     Page 16, line 10, at end insert--
 
    ("(  )  Health Authorities shall before drawing up any plan under this section consult relevant voluntary and community organisations, including in particular organisations representing carers.")
 
139     Page 16, line 10, at end insert--
 
    ("(  )  Each Health Authority shall prepare and publish a plan under this section annually.")
 
  
BY THE LORD HARRIS OF HARINGEY
 
140*     Page 16, line 26, after ("of") insert ("community health councils, groups representative of patients, groups representative of carers, and") 
  
BY THE EARL HOWE
THE LORD ASTOR OF HEVER
THE LORD McCOLL OF DULWICH
 
141     Page 16, line 26, after ("of,") insert--
          ("(i)  the British Medical Association,
          (ii)  the Royal College of Nursing,
          (iii)  all affected Health Authorities,
          (iv)  all affected community health councils,
          (v)  all affected NHS trusts,
          (vi)  representative bodies of professions allied to medicine,
          (vii)  all affected local authorities,
          (viii)  local representative committees,
          (ix)  all affected voluntary groups,
          (x)  such other relevant bodies as the Secretary of State shall determine,
    and")
 
  
BY THE LORD CLEMENT-JONES
THE BARONESS THOMAS OF WALLISWOOD
 
142     Page 16, line 26, leave out ("such") and insert--
          ("(i)  the local community health council;
          (ii)  such organisations as appear to the Health Authority to have a legitimate claim to represent the interests of people for whom the Health Authority is responsible;
          (iii)  such organisations as appear to the Health Authority to have a legitimate claim to represent the interests of private carers of people for whom the authority is responsible; and
          (iv)  such other")
 
  
BY THE LORD CLEMENT-JONES
THE BARONESS THOMAS OF WALLISWOOD
THE LORD RIX
 
143     Page 16, line 27, after ("direct") insert ("which shall include voluntary and community organisations, including specifically organisations representing patients and carers, those who provide local services for the NHS, dentists, members of the professions allied to medicine delivering primary care services in the locality and others with an interest or contribution to offer including relevant universities, Training and Enterprise Councils, trade unions, local schools and employers") 
  
BY THE EARL HOWE
THE LORD ASTOR OF HEVER
THE LORD McCOLL OF DULWICH
 
144     Page 16, line 27, after ("direct") insert ("including any university, school for medicine, nursing or other profession allied to medicine which provides services to or for a hospital or other establishment or facility which falls within the area of the Health Authority") 
  
BY THE LORD CLEMENT-JONES
THE BARONESS THOMAS OF WALLISWOOD
 
145     Page 16, line 37, at end insert ("which shall include needs assessment, statement of resource (including human resource) requirements and identification of priorities for action,") 
146     Page 17, line 20, at end insert--
    (""community health council" means a council established in accordance with section 20 of the 1977 Act;")
 
147     Page 17, line 24, at end insert--
    (""private carer" has the meaning given by section 46 of the 1990 Act.")
 
  
BY THE EARL HOWE
THE LORD McCOLL OF DULWICH
THE LORD ASTOR OF HEVER
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 21 stand part of the Bill. 
  
Clause 23
 
  
BY THE EARL HOWE
THE LORD ASTOR OF HEVER
THE LORD McCOLL OF DULWICH
 
148     Page 18, line 2, leave out ("may, if they think fit,") and insert ("must") 
 
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Prepared 25 February 1999