Health and Social Care Bill-
Amendments to be debated in the House of Lords - continued

House of Lords

back to previous amendments

 

Clause 60

 

THE BARONESS GREENGROSS

278Page 61, line 44, after "person" insert "a local authority shall only consider care and attention to be otherwise available if it satisfied that—
(a)  the person is both willing and able to make his own arrangements, or
(b)  a representative acting on that person's behalf is both willing and able to make the arrangements for that person,
  and"
 

THE EARL HOWE
THE LORD ASTOR OF HEVER
THE LORD CLEMENT-JONES
THE BARONESS BARKER

279Page 62, line 4, leave out lines 4 to 6
 

After Clause 60

 

THE EARL HOWE
THE LORD ASTOR OF HEVER
THE LORD CLEMENT-JONES
THE BARONESS BARKER

280Insert the following new Clause—
  "Carers and local authorities
(   )  Where it is considered that a person receiving community care services is to be rehabilitated to receive treatment in his own home by a carer, the carer shall be deemed to have asked the local authority for assessment according to section 1 of the Carers and Disabled Children Act 2000.
(   )  For the purposes of this section, the provider of the community care services shall have a duty to inform the carer of his right to an assessment under the Carers and Disabled Children Act 2000.
(   )  For the purposes of this section "carer" shall have the meaning given in section 1 of the Carers and Disabled Children Act 2000."
 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

281Insert the following new Clause—
  
  In section 21 of the Act 1948 (duties of local authorities to provide accommodation) there shall be inserted—
    "(9)  Where a person—
    (a)  has previously made his own arrangements for receipt of care and attention in a residential care or nursing home,
    (b)  has requested an assessment under section 47 of the National Health Service and Community Care Act 1990, inter alia, with a view to obtaining community care services, including accommodation provided under section 21(1), and
    (c)  the authority has assessed that person as being in need of such care and attention under section 21(1),
      any liability of that person to make any payments under existing arrangements, or alternative arrangements which may be made, shall cease either at the date that the request for the assessment is notified to the local authority, or if later at the date at which the person becomes financially eligible for assistance (under regulations made for the purposes of section 22), and liability shall pass to the local authority to fund that care and attention from that date.
    (10)  Regulations may provide for criteria as to whether the existing arrangements continue.
    (11)  The Authority may in respect of any payment made by them in pursuance of subsection (9) above, recover from that person such an amount in accordance with regulations made for the purposes of section 22.
    (12)  A person will be entitled to recover any monies paid in excess of the amount for which he is liable in accordance with the regulations made for the purposes of section 22 from the date at which the local authority became liable under subsection (9).""
 

Clause 61

 

THE BARONESS GREENGROSS

282Page 62, line 11, leave out from first "persons" to end of line 12
 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

The above-named Lords have given notice of their intention to oppose the Question that Clause 61 stand part of the Bill.
 

Clause 62

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

283Page 62, line 40, leave out "an" and insert "a written"
 

THE LORD HUNT OF KINGS HEATH

284Page 62, line 45, after first "on" insert "the day after"
 

THE LORD CLEMENT-JONES
THE BARONESS BARKER
THE BARONESS GREENGROSS

285Page 63, line 8, leave out "56" and insert "114"
 

THE LORD LIPSEY

286Page 63, line 11, at end insert ", or
(c)  at the discretion of the authority, on such later date as it may deem appropriate in order to protect a carer or close relative of the resident from homelessness.
(4A)  The Secretary of State shall provide guidance to local authorities as to how they should exercise their discretion under subsection (4)."
 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

The above-named Lords have given notice of their intention to oppose the Question that Clause 62 stand part of the Bill.
 

After Clause 63

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

287Insert the following new Clause—
  "Cross-border assessments
  Where a person has been assessed by one local authority and moves to a residential or nursing home in another local authority area, the authority which made the assessment, and as a result of which a duty to provide accommodation under section 21 of the National Assistance Act 1948 has arisen, shall agree such payments which are at least equivalent to those which are normally made in the authority to which the person has moved for the type of accommodation in which that person resides or will be residing."
 

After Clause 65

 

THE LORD RIX

288Insert the following new Clause—
  "Requirement to report on progress with community care
(1)  Section 11 of the Disabled Persons (Services, Consultation and Representation) Act 1986 shall be amended as follows.
(2)  In subsection (1) leave out all words after "Parliament" and insert "separate reports incorporating—
(a)  such information as the Secretary of State considers appropriate on the development of health and social care in the community and elsewhere for people experiencing mental health problems, including information about the views of people with mental health problems and their families on such developments; and
(b)  such information as the Secretary of State considers appropriate on the development of health and social care in the community and elsewhere for people with learning disabilities, including information about the views of people with learning disabilities and their families on such developments.
    (1A)  The Secretary of State shall as far as possible include in these reports such information as he considers appropriate about developments in other services for people respectively with mental health problems and people with learning disabilities, such as financial, employment, education, housing and leisure services.""
 

Clause 67

 

THE EARL HOWE
THE LORD ASTOR OF HEVER
THE BARONESS CUMBERLEGE

289Page 67, line 11, leave out subsections (1) and (2)
 

THE EARL HOWE
THE LORD ASTOR OF HEVER

290Page 67, line 11, at beginning insert—
"(   )  The Secretary of State shall—
(a)  consult such persons or bodies as reasonably appear to him to be interested in or concerned with the protection, distribution or dissemination of patient data in such a manner as he shall reasonably consider appropriate; and
(b)  publish a report on the consultation which he undertakes under paragraph (a) above together with his conclusions as to any regulations under this section which are required as a result of the consultations."
291Page 67, line 11, at beginning insert "To the extent that it is necessary in the interests of patients,"
 

THE LORD HUNT OF KINGS HEATH

292Page 67, line 12, after "prescribed" insert "NHS"
 

THE EARL HOWE
THE LORD ASTOR OF HEVER

293Page 67, line 12, after "prescribed" insert "identifiable"
 

THE EARL HOWE

293A*Page 67, line 12, after "prescribed" insert "confidential"
 

THE EARL HOWE
THE LORD ASTOR OF HEVER

294Page 67, line 13, leave out "for prescribed commercial purposes"
 

THE LORD HUNT OF KINGS HEATH

295Page 67, line 13, leave out "prescribed commercial purposes" and insert "the purposes of, or in connection with, marketing or other promotional activities which he considers to be contrary to the economic or financial interests of the health service."
 

THE EARL HOWE
THE LORD ASTOR OF HEVER
THE BARONESS CUMBERLEGE

296Page 67, line 14, leave out "subsection (8)" and insert "subsections (8) and (9)"
 

THE BARONESS NORTHOVER

297Page 67, line 14, leave out "subsection (8)" and insert "subsections (8) and (9)"
 

THE EARL HOWE
THE LORD ASTOR OF HEVER
THE BARONESS CUMBERLEGE

298Page 67, line 14, at end insert—
"(   )  Regulations under subsection (1) may not make provision which interferes with, or otherwise causes detriment to, preventative medicine, medical diagnosis, medical research, the provision of care and treatment, the management of health and social care or the obtaining or dissemination of information about the care and treatment available for individuals."
 

THE BARONESS NORTHOVER
THE BARONESS BARKER

298A*Page 67, line 15, at end insert "in the public interest"
 

THE LORD HUNT OF KINGS HEATH

299Page 67, line 16, after "prescribed" insert "NHS"
 

THE EARL HOWE

299A*Page 67, line 16, after "prescribed" insert "confidential"
 

THE LORD HUNT OF KINGS HEATH

300Page 67, line 26, at end insert "NHS"
 

THE EARL HOWE

300A*Page 67, line 26, at end insert "confidential"
 

THE EARL HOWE
THE LORD ASTOR OF HEVER

301Page 67, line 31, at end insert—
"(d)  identifiable patient information is that which allows patients to be identified"
302Page 67, line 31, at end insert—
"(   )  Regulations made under subsection (1) may not prohibit or restrict the processing of patient information which is not identifiable patient information."
 

THE LORD REA

302A*Page 67, line 34, after "purposes" insert "when it is not reasonably practicable to obtain valid consent and"
 

THE EARL HOWE

302B*Page 67, line 34, leave out "or expedient"
 

THE BARONESS NORTHOVER
THE BARONESS BARKER

302C*Page 67, leave out lines 35 to 37 and insert "for the purpose of disease registries and medical research in accordance with subsection (4)"
 

THE EARL HOWE

302D*Page 67, line 36, leave out paragraph (b)
 

THE EARL HOWE
THE LORD ASTOR OF HEVER
THE BARONESS NORTHOVER

303Page 67, line 37, leave out "(8)" and insert "(9)"
 

THE EARL HOWE
THE LORD ASTOR OF HEVER
THE BARONESS CUMBERLEGE

304Page 67, line 37, at end insert "and the Secretary of State shall not exercise the power to make regulations under this section in a manner which hinders or restricts the ability of a relevant practitioner to use health information for the purpose of providing safe and effective services to patients.
(4)  In this section `relevant practitioner' means—
(a)  a pharmacist within the meaning of the Medicines Act 1968; or
(b)  an appropriate practitioner within the meaning of Section 58 of that Act."
 

THE BARONESS NORTHOVER
THE BARONESS BARKER

304A*Page 67, line 38, leave out from beginning to end of line 36 on page 68 and insert—
"(4)  For the purposes of this section the Secretary of State may make regulations specifying the purposes of disease registries and medical research including—
(a)  the collection of demographic information about each case of a disease specified in the regulations;
(b)  the collection of administrative information, including date of diagnosis and source of information;
(c)  the collection of information (however recorded) which relates to the physical or mental health or condition of an individual, to the diagnosis of his condition or to his care or treatment; and
(d)  other information (however recorded) which is to any extent derived, directly or indirectly, from such information.
(5)  Where regulations under subsection (4) make provision for the establishment of a disease registry or for the purposes of medical research, the Secretary of State may in regulations make provision for—
(a)  the protection of the confidentiality of all prescribed case data reported to the disease registry or disclosed for the purposes of medical research, including a prohibition on disclosure to any person of information reported to the disease registry that identifies, or could lead to the identification of, an individual patient, except for disclosure to other disease registries or other approved medical research;
(b)  a means by which confidential patient data may in accordance with Schedules 2 and 3 of the Data Protection Act 1998 be disclosed to prescribed persons for the purposes of disease prevention, control and research; and
(c)  a means to assure complete reporting of the prescribed disease cases to the disease registry by health service bodies with respect to the prescribed disease."
 

THE BARONESS NORTHOVER

305Page 68, line 18, leave out from beginning to second "the" in line 19 and insert "possible to achieve that purpose otherwise than pursuant to such regulations, having regard to"
 

THE EARL HOWE

305ZA*Page 68, line 20, at end insert—
"(   )  Where regulations under subsection (3) make provision requiring the processing of confidential patient information for any purpose, those regulations shall also make provision for securing that the person to whom the information relates is informed of what information will be processed and for what purpose before the processing takes place."
305ZB*Page 68, line 20, at end insert—
"(   )  Regulations under subsection (3) may not make provision requiring the processing of confidential patient information for any purpose without the prior written consent of the person to whom the information relates unless the Secretary of State is satisfied, on the basis of evidence previously published by him, that more harm would be caused to the achievement of that purpose by making the consent of that person a condition precedent to that processing than would be caused to the achievement of that purpose by permitting that processing, notwithstanding the refusal of that person's consent."
 

THE BARONESS NORTHOVER
THE BARONESS BARKER

305APage 68, line 36, leave out subsection (8) and insert—
"(8)  Without prejudice to the operation of provisions made under subsection (4)(c), regulations made under this section may not make provision for, or in connection with, the processing of prescribed patient information—
(a)  in a manner inconsistent with any provision made by, or under, the Data Protection Act 1998 (c. 29); or
(b)  in a manner which may inhibit research for medical purposes and the publication and dissemination of the results of such research."
305BPage 68, line 40, leave out subsection (9) and insert—
"(9)  There shall be a committee to be known as the Disclosure of Patient Information Advisory Committee (and referred to in this section as "the Committee") to give advice and assistance to the Secretary of State in connection with the discharge of his function under this section.
(9A)  Schedule (Disclosure of Patient Information Advisory Committee) to this Act shall have effect with respect to the constitution of the Committee and the other matters there mentioned.
(9B)  Where the Secretary of State proposes to make regulations pursuant to this section or is considering existing regulations in accordance with subsection (6)(a), he shall refer to the Committee the proposals (in the form of draft regulations or otherwise) or, in the case of his carrying out his function pursuant to subsection (6)(a), any proposed revocation of, or changes to, existing regulations, and at the same time, he shall furnish the Committee with such information as it may reasonably require for the proper discharge of its function pursuant to subsection (9C) below.
(9C)  The Committee shall consider any matters referred to it by the Secretary of State under subsection (9B) above, and shall make a report to the Secretary of State containing such recommendations with regard to the subject matter of the proposals as the Committee thinks appropriate.
(9D)  If after receiving a report of the Committee, the Secretary of State lays before Parliament any regulations or draft regulations which comprise the whole or any part of the subject matter of the proposals referred to the Committee, he shall lay with the regulations or draft regulations a copy of the Committee's report and a statement showing—
(a)  the extent (if any) to which he has, in framing the regulations, given effect to the Committee's recommendations; and
(b)  in so far as effect has not been given to them, his reasons why not.
(9E)  In the case of any regulations laid before Parliament at a time when Parliament is not sitting, the requirements of subsection (9D) above shall be satisfied as respects either House of Parliament if a copy of the report and statement there referred to are laid before that House not later than the second day on which the House sits after the laying of the regulations.
(9F)  Nothing in this section shall require any proposals in respect of regulations to be referred to the Committee if—
(a)  it appears to the Secretary of State that by reason of urgency of the matter it is inexpedient so to refer them; or
(b)  the Committee has agreed that they shall not be so referred.
(9G)  Where by virtue only of subsection (9F)(a) above the Secretary of State makes regulations without proposals in respect of them having been referred, then, unless the Committee agrees that this subsection shall not apply, he shall refer the regulations to the Committee as soon as practicable after making them.
(9H)  Where the Secretary of State has referred proposals to the Committee, he may make the proposed regulations before the Committee has made its report only if after the reference it appears to him that by reason of the urgency of the matter it is expedient to do so.
(9I)  Where regulations are made before a report of the Committee has been made, the Committee shall consider them and make a report to the Secretary of State containing such recommendations with regard to the regulations as the Committee thinks appropriate; and a copy of any report made to the Secretary of State on the regulations shall be laid by him before each House of Parliament together, if the report contains recommendations, with a statement—
(a)  of the extent (if any) to which the Secretary of State proposes to give effect to the recommendations; and
(b)  in so far as he does not propose to give effect to them, of his reasons why not."
 

THE EARL HOWE
THE LORD ASTOR OF HEVER
THE BARONESS CUMBERLEGE
THE BARONESS NORTHOVER

306Page 68, leave out lines 41 and 42 and insert—
"(a)  publish a draft of the regulations,
(b)  consult any person about the draft appearing to him appropriate to consult as representing the professions concerned by the regulation, and
(c)  after a period of three months, beginning with the publication of the draft, lay the draft as published, or with any modifications he considers appropriate, before both Houses of Parliament."
 

THE BARONESS NORTHOVER

307Page 68, line 42, at end insert "including the Data Protection Commissioner"
 

THE EARL HOWE
THE LORD ASTOR OF HEVER
THE BARONESS CUMBERLEGE

308Page 68, line 46, leave out from "treatment" to end of line 50
 

THE EARL HOWE
THE LORD ASTOR OF HEVER

309Page 68, leave out lines 49 and 50 and insert—
  "where the identity of the individual in question is ascertainable from the information.
(   )  Patient information shall not include data which is put into an anonymised form by a pharmacist or general practitioner."
310Page 68, line 49, leave out "whether" and insert "where"
311Page 68, line 50, leave out "or not" and insert "and patient information shall not be taken to include anonymised data"
 

THE LORD HUNT OF KINGS HEATH

312Page 68, line 50, at end insert—
"(10A)  For the purposes of this section, patient information is "NHS patient information" if that information (or any of the information from which it is derived) was obtained or generated in the course of the provision of the health service."
313Page 69, line 8, leave out "from the individual in question" and insert "or generated"
 

THE EARL HOWE
THE LORD ASTOR OF HEVER
THE BARONESS CUMBERLEGE
THE BARONESS NORTHOVER

314Page 69, line 10, at end insert—
"(   )  Regulations under this section may not be made unless—
(a)  the Secretary of State has satisfied himself that such regulations will not, by act or by omission, prevent the use of anonymised patient information—
    (i)  by persons or bodies conducting appropriate medical research using anonymised data,
    (ii)  by research bodies exchanging such data in the pursuance of medical research, or
    (iii)  by persons undertaking general medical, dental, ophthalmic or pharmaceutical services and providing such data for research purposes,
(b)  the Secretary of State has consulted any person appearing to him appropriate to consult as being engaged in medical research activities using such patient information, and
(c)  that he has published a report of consultations undertaken and advice given."
 

THE LORD HUNT OF KINGS HEATH

315Page 69, line 11, at end insert—
  ""the health service" has the same meaning as in the 1977 Act;"
 

THE BARONESS NORTHOVER
THE BARONESS BARKER

315APage 69, line 11, at end insert—
 ""commercial purposes" shall not include any of the following—
(a)  purposes which are medical purposes; or
(b)  purposes which are within the objects of the body carrying out the processing and that body is one whose constituting document—
(i)  requires its profits (if any) or other income to be applied in promoting its objects;
(ii)  prohibits the payment of dividends to its members; and
(iii)  requires any surplus assets to be transferred on a winding up to another body with similar objects or to a body established for charitable purposes,
 whether or not the processing is carried out for a fee or other reward;"
 

THE LORD HUNT OF KINGS HEATH

316Page 69, line 14, leave out from beginning to "that"
 

THE BARONESS NORTHOVER
THE BARONESS BARKER

316APage 69, line 18, after "research," insert "healthcare research,"
 

THE EARL HOWE

316B*Page 69, line 19, leave out "and the management of health and social care services"
 

THE EARL HOWE
THE LORD ASTOR OF HEVER
THE BARONESS CUMBERLEGE

The above-named Lords give notice of their intention to oppose the Question that Clause 67 stand part of the Bill.

 
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21 March 2001