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

House of Lords

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After Clause 13

 

THE LORD CLEMENT-JONES
THE BARONESS NORTHOVER
THE EARL HOWE

98Insert the following new Clause—
  "Patients' Councils and local mediation
(1)  The Secretary of State shall by regulations set up a local mediation scheme to be operated by Patients' Councils.
(2)  These regulations shall provide for—
(a)  petitioning of Patients' Councils by local stakeholder groups,
(b)  the broad criteria by which requests for mediation are to be decided,
(c)  the bodies and office holders that Patients' Councils will have the power to call to a mediation meeting,
(d)  the time period within which mediation meetings must be arranged, and
(e)  reports to be provided by the Patients' Council to the Commission for Health Improvement, the Commission for Mental Health, the Audit Commission and the Secretary of State.
(3)  Before making regulations under this section the Secretary of State shall consult Community Health Councils, Patients' Councils, Patients' Forums and such bodies currently providing mediation schemes and the wider community, as the Secretary of State shall consider appropriate."
 

THE EARL HOWE
THE LORD ASTOR OF HEVER

99Insert the following new Clause—
  "Extension of observer status
(   )  Health Authorities shall extend observer status, with voice but no vote, to representatives of Patients' Forums, Patients' Councils and overview and scrutiny committees for its area."
 

Clause 14

 

THE EARL HOWE
THE LORD ASTOR OF HEVER

100Page 11, line 29, leave out subsection (1) and insert—
"(1)  Authorised members of a Patients' Forum shall be permitted (subject to subsection (2) below) to enter and inspect for the purposes of any of the Patients' Forum's functions, premises owned or controlled by—
(a)  a Health Authority,
(b)  a Primary Care Trust,
(c)  an NHS trust, or
(d)  a person providing services under Part II of the 1997 Act or under arrangements under section 28C of that Act."
101Page 11, line 29, leave out "may" and insert "shall"
 

THE LORD HUNT OF KINGS HEATH

102Page 11, line 34, at end insert ", or
(e)  persons providing services under arrangements made under Schedule 8A to the 1977 Act or section 35,"
 

THE EARL HOWE
THE LORD ASTOR OF HEVER

103Page 11, line 36, after "inspect" insert "by arrangement and unannounced"
104Page 11, line 38, after "The" insert "Secretary of State shall make regulations in relation to the powers granted under subsection (1) above and those"
105Page 11, line 40, at end insert—
"(   )  The Secretary of State shall make regulations providing for—
(a)  the publication of a report of any inspection carried out under this section;
(b)  the submission of any such report to the body controlling the premises inspected; and
(c)  the publication of a response from the body controlling the premises inspected."
106Page 11, line 40, at end insert—
"(   )  A report prepared under this section shall be published in such a form as the Secretary of State shall direct within 28 days of the date on which it is submitted to him."
 

After Clause 14

 

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

107Insert the following new Clause—
  "Independent Local Advisory Forum
  The Secretary of State shall establish for each Health Authority a body to be known as an Independent Local Advisory Forum."
 

Clause 15

 

THE EARL HOWE
THE LORD ASTOR OF HEVER

108Page 12, line 2, after "established," insert "the overview and scrutiny committee, the Patients' Council, the Independent Local Advisory Forum, the Health Authority,"
 

THE LORD CLEMENT-JONES
THE BARONESS NORTHOVER
THE EARL HOWE

109Page 12, line 3, at end insert—
"(   )  Every Patients' Council shall—
(a)  prepare reports on matters arising from premises visited within 60 days and send the same to the relevant Trust, overview and scrutiny committee, ILAF and Health Authority, which bodies shall be required to respond; and
(b)  have the right to refer any matters to the Secretary of State for action in the event that it is dissatisfied with the response from the above bodies."
 

THE LORD CLEMENT-JONES
THE BARONESS NORTHOVER

110Page 12, line 6, at end insert "together with details of any attempt by an NHS trust or Primary Care Trust to influence the discharge of the Forum's prescribed duties under this Act"
 

Clause 16

 

THE EARL HOWE
THE LORD ASTOR OF HEVER

111Page 12, line 8, at beginning insert "Before the commencement of section 18,"
 

THE LORD CLEMENT-JONES
THE BARONESS NORTHOVER
THE LORD REA

112Page 12, line 10, at beginning insert "Following consultation with Patients' Councils, patients' and carers' organisations and the wider community,"
 

THE EARL HOWE
THE LORD ASTOR OF HEVER

113Page 12, line 10, leave out "may" and insert "shall"
 

THE LORD HUNT OF KINGS HEATH

114Page 12, line 30, after "established" insert "or by a Health Authority"
 

THE EARL HOWE
THE LORD ASTOR OF HEVER

115Page 12, line 30, after "established," insert "the Health Authority, and the relevant overview and scrutiny committee,"
116Page 12, line 35, after "Authorities" insert "and overview and scrutiny committees"
 

THE LORD CLEMENT-JONES
THE BARONESS NORTHOVER

117Page 12, line 36, at end insert—
"(o)  such other powers for the Patients' Forums and Patients' Councils as may be necessary to give effect to their respective functions"
 

THE EARL HOWE
THE LORD ASTOR OF HEVER

118Page 12, line 36, at end insert—
    "(   )  Scrutiny by Patients' Forums and Patients' Councils of health services provided in the locality governed by arrangements under regulations made under section 31 of the Health Act 1999 (arrangements between NHS bodies and local authorities)."
 

THE LORD CLEMENT-JONES
THE BARONESS NORTHOVER
THE LORD REA

119Page 12, line 36, at end insert—
"(   )  The Secretary of State may by regulation make provision for—
(   )  the funding of Patients' Forums and Patients' Councils and the provision of premises, other facilities and staff;
(   )  the payment of travelling and other allowances to members of a Patients' Forum, Patients' Council or of a committee of either of these (including attendance allowances or compensation for loss of remunerative time);
(   )  the provision of information to a Patients' Forum or Patients' Council by the trust for which it is established, including descriptions of information which are, or are not, to be provided."
 

THE LORD CLEMENT-JONES
THE BARONESS NORTHOVER
THE EARL HOWE
THE LORD REA

120Page 12, line 40, leave out paragraphs (a) and (b) and insert—
"(a)  at least 25 per cent of members who are members or representatives of voluntary organisations operating in the district whose members or client group have an interest in the health service;
(b)  at least 25 per cent of members being persons living in the locality or district for whom services are being provided or may in the future be provided under the 1977 Act; and
(c)  at least 25 per cent of members being persons who provide care for persons detailed in paragraph (b) above but who are not employed to do so by anybody in the exercise of their functions under any enactment."
 

THE LORD HUNT OF KINGS HEATH

121Page 13, line 10, leave out from "members" to end of line 12 and insert "under paragraph 4(c) above of a Primary Care Trust for which there is a Patients' Forum shall be a person appointed by the Forum."
122Page 13, line 15, leave out from "trust" to "and" in line 16 and insert "for which there is a Patients' Forum shall be a person appointed by the Forum.","
123Page 13, line 17, leave out "before "any"" and insert "at the beginning"
 

THE LORD CLEMENT-JONES
THE BARONESS NORTHOVER

124Page 13, line 18, at end insert—
"(9)  Before making regulations under this section the Secretary of State shall consult Community Health Councils and with patients' and carers' organisations and the wider community."
 

Clause 17

 

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

125Page 13, line 23, leave out ", to such extent as he considers necessary"
 

THE LORD CLEMENT-JONES
THE BARONESS NORTHOVER

126Page 13, line 28, at end insert "or to medical practitioners responding to"
 

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

127Page 13, line 30, after "body" insert ",   social services authority"
128Page 13, line 32, at end insert "or Commissioner for Local Administration"
 

THE LORD CLEMENT-JONES
THE BARONESS NORTHOVER

129Page 14, line 2, at end insert—
  ""independent hospital", "independent clinic" and "independent medical agency" mean such bodies as are referred to in section 2 of the Care Standards Act 2000;
  "care home" means care home as referred to in section 3 of the Care Standards Act;
  "domiciliary agency" means a domiciliary agency referred to in section 4 of the Care Standards Act 2000."
 

THE EARL HOWE
THE LORD ASTOR OF HEVER

130Page 14, line 6, at end insert—
"(   )  Providers of independent advocacy services shall provide information about the types of complaints they handle to the relevant Patients' Forums, Patients' Councils, overview and scrutiny committees and to local trusts and Health Authorities.
(   )  In making arrangements under this section the Secretary of State must have regard to the principle that the resourcing of independent advocacy services must be independent of any bodies which may be the subject of a complaint or which may be involved in investigating or adjudicating such complaint.
(   )  The Secretary of State shall by regulation establish a monitoring and accreditation scheme, involving user representatives, to measure the effectiveness of independent advocacy schemes."
131Page 14, line 9, leave out ",   so far as practicable,"
132Page 14, line 10, after "person" insert "or body"
 

THE LORD CLEMENT-JONES
THE BARONESS NORTHOVER

133Page 14, line 16, leave out paragraph (b) and insert—
"(b)  Community Health Councils, and such national advice agencies as are involved in the provision of support to those making complaints about health and social services."
 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

The above-named Lords give notice of their intention to oppose the Question that Clause 17 stand part of the Bill.
 

After Clause 17

 

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

134Insert the following new Clause—
  "Unified NHS and social services complaints procedure
(1)  The Secretary of State shall by regulations make provision for an independent and unified health and community care complaints procedure.
(2)  Before making such regulations the Secretary of State shall consult with Community Health Councils, Patients' Councils, Patients' Forums, other patients' and carers' organisations and the wider community."
 

THE LORD CLEMENT-JONES
THE BARONESS NORTHOVER
THE EARL HOWE

134AInsert the following new Clause—
  "National patients' body for England
(1)  The Secretary of State shall by regulations establish a body corporate ("the national body") to exercise in relation to the health service in England the following functions—
(a)  advising the Secretary of State, and such bodies as may be prescribed, with respect to arrangements for public involvement in, and consultation on, matters relating to the health service;
(b)  representing to the Secretary of State and such bodies as may be prescribed, and advising him and them on, the views, as respects the health service, of Patients' Forums, Patients' Councils and those voluntary organisations and other bodies appearing to the national body to represent the interests of patients and their carers;
(c)  assisting Patients' Forums and Patients' Councils in, and advising them with respect to, the performance of their functions;
(d)  such other functions as may be prescribed.
(2)  In carrying out its functions the national body shall have regard to any guidance given to it by the Secretary of State.
(3)  The Secretary of State may by regulations make further provision in relation to the national body.
(4)  The regulations may in particular make provision as to—
(a)  the appointment of members;
(b)  any qualification or disqualification for membership;
(c)  terms of appointment;
(d)  circumstances in which a person is to cease to be a member or may be suspended;
(e)  the proceedings of the national body;
(f)  the discharge of any function of the national body by a committee;
(g)  the appointment, as members of a committee, of persons who are not members of the national body;
(h)  the provision of information to the national body by a health service body, a Patients' Forum or a Patients' Council, including descriptions of information which are or are not to be provided;
(i)  the funding of the national body;
(j)  the payment, to or in respect of members of the national body, of such remuneration, pensions, gratuities and allowances as may be determined in accordance with the regulations;
(k)  the preparation and auditing of accounts of the national body.
(5)  The regulations may include provision applying, or corresponding to, any provision of Part 5A of the Local Government Act 1972 (access to meetings and documents), with or without modifications.
(6)  The regulations may authorise the national body to make charges for the provision of advice or other services.
(7)  The national body shall—
(a)  prepare a report in relation to its activities in each financial year,
(b)  as soon as possible after the end of each financial year, send a copy of its report for that year to the Secretary of State,
(c)  publish any such report in accordance with prescribed provisions,
(d)  make such other reports to the Secretary of State, and supply to him such information, as he may require.
(8)  Before making any regulations under this section the Secretary of State shall consult—
(a)  such persons as appear to him to be appropriate to represent the interests of patients and their carers, and
(b)  such other persons (if any) as appear to him to be appropriate.
(9)  In this section—
  "carer" has the same meaning as in section 12;
  "the health service" has the same meaning as in section 7;
  "health service body" means—
    (a)  a Health Authority,
    (b)  a Special Health Authority,
    (c)  an NHS trust, or
    (d)  a Primary Care Trust;
  "patient" has the same meaning as in section 12;
  "prescribed" means prescribed by regulations made by the Secretary of State."

 
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©Parliamentary copyright 2001
16 March 2001