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Flowers against the sky

The Health and Social Care Bill has passed its final stages in the House of Commons and has been debated in the Lords. The Bill sets up the new Care Quality Commission; improves the regulation of healthcare professionals; and introduces the health in pregnancy grant of £190. This page sets out the key stages of the Bill so far.

House of Lords second reading

The recurring themes of the 25 speeches from peers were:

  • The dangers of reorganisation/disruptive effect on work of regulators
  • Public engagement
  • Independence.

Read a summary of the Lords second reading.

Committee stage

The key change in the committee stage is the introduction of a new government clause that allows ministers to ensure regulators use their powers to avoid unreasonable burdens on healthcare providers. This reflects the NHS Confederation's briefing for MPs highlighting the problems of regulation and call for regulators to cooperate with each other in seeking information.

Human Rights Act

One of the main issues that arose during the report stage and third reading were moves by Andrew Dismore, chair of the joint human rights select committee to bring independently provided healthcare for NHS patients under the scope of the Human Rights Act. Privately run care homes not coming under the Act have been a major issue for campaigners for older people and human rights. The amendments were supported by a number of Labour backbenchers, the Liberal Democrats and, in principle, the Conservatives. The Government said they would examine the issue again in the context of the Bill and the amendments were withdrawn.

Malnutrition

The Conservatives argued for the Bill to include a code of practice for malnutrition in a way that is analogous to the code on healthcare associated infections that the Bill already contains. Although supported by the Liberal Democrats, the idea was rejected by the Government as unnecessary due to the increasing satisfaction with hospital food, the nutrition action plan and the importance that will be given to nutrition in the operating framework.

Public involvement

Following criticism from the Opposition, the Government brought in a new amendment for the Care Quality Commission to have regard to the public's views on the service it inspects and engage with patient groups. A Conservative motion, with support from the Liberal Democrats and Labour backbenchers David Taylor and Kelvin Hopkins would have explicitly given a role for the new LINks in the Commission's consultations. However, the Government rejected the idea on the basis that they should not dictate to a new independent commission how they should consult with other bodies.

The Government agreed to put in legislation the requirement that the commission should publish its inspection reports.

Office of the Health Professions Adjudicator

In the evidence hearings at the start of the Bill's committee stage, Lady Justice Smith, who led the Shipman inquiry, said she believed it was important to the efficient and effective working of the fitness to practise panels that the chairs be legally qualified. This caught the attention of the bill committee and the Office of the Health Professions Adjudicator will now ensure a legally qualified chair is available whenever necessary.

Third reading

Although the Bill as a whole was unopposed, the Conservatives said they would pursue in the Lords the introduction of a national patient voice called Healthwatch and a clearer overall function and greater independence for the Care Quality Commission. The Liberal Democrats said they were concerned that setting up the new body would create a period of flux that would disrupt the work of the commission and its predecessors.

Pages in this section

House of Lords 2nd reading
Reflecting a significant part of the Commons debate, the Government committed to consider the application of the Human Rights Act to publicly arranged health and adult social care. The Bill will also ensure that the Care Quality Commission can enforce regulatory requirements that are in line with the spirit of the European convention for privately

Last reviewed 31 Mar 2008

Contacts

Robin Hewings
Tel 020 7074 3301
Email Robin.Hewings@nhsconfed.org|
 

See also

House of Lords 2nd reading|

 
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Copyright © 2007 NHS Confederation

The NHS Confederation Company Ltd. Registered in England. Company limited by guarantee: no. 1090329