Health Bill. Lords Committee stage fourth day. Grand Committee off the floor of the House (Moses Room). Clauses 8 to 15 agreed to, clause 14 agreed to as amended. Schedules 1 and 2 agreed to. Clause 16 under consideration.
Health Bill
Type
Parliamentary proceeding
Reference
682 c1-52GC 
Session
2005-06
Legislative stage
Committee stage
Chamber / Committee
House of Lords Grand Committee
Health Bill. Brought from the Commons. Explanatory Notes HL Bill 76-EN also published.
Wednesday, 15 February 2006
Bills
House of Lords
Wednesday, 15 February 2006
Bills
House of Lords
Proceeding contributions
Lord Warner | 682 c43-4GC (Link to this contribution)
Of course, the Secretary of State and the Department of Health have already issued guidelines and go...
Baroness Barker | 682 c41GC (Link to this contribution)
moved Amendment No. 57:"Page 10, line 16, at end insert ““which must include the Healthcare Commissi...
Show all contributions (109)
Lord Naseby | 682 c28-9GC (Link to this contribution)
I will not refer any further to the age dimension. But it always amazes me that consultation takes p...
Lord Stoddart of Swindon | 682 c24GC (Link to this contribution)
I had not intended to say anything until those last few remarks. The Government are obviously contem...
Lord Warner | 682 c23-4GC (Link to this contribution)
In December last year, the Government announced their intention to consult on raising the minimum ag...
Lord Monson | 682 c23GC (Link to this contribution)
I added my name to this amendment because, despite the Minister’s new-found enthusiasm for the draco...
Lord Stoddart of Swindon | 682 c11-2GC (Link to this contribution)
moved Amendment No. 45:"Page 7, line 3, leave out subsection (1) and insert—"
““( ) For the pu...
Earl Howe | 682 c52GC (Link to this contribution)
Once again, that was a very helpful reply. Of course, I realise that the Healthcare Commission as an...
Baroness Masham of Ilton | 682 c47GC (Link to this contribution)
Surely they should have an interest in it?
Lord Warner | 682 c41GC (Link to this contribution)
moved Amendments Nos. 56A to 56B:"Page 10, line 2, after ““exposed”” insert ““or made susceptible (o...
Earl Howe | 682 c39GC (Link to this contribution)
Before the noble Baroness decides what to do with her amendment, I thank the Minister for what he sa...
Earl Howe | 682 c44-5GC (Link to this contribution)
I feel it is worth just spending a minute or two on Clause 14 as a whole, because listening to Minis...
Baroness Barker | 682 c42-3GC (Link to this contribution)
I thank the Minister for that reply, and I am heartened by what he said about the Healthcare Commiss...
Baroness Barker | 682 c43GC (Link to this contribution)
moved Amendment No. 58:"Page 10, line 16, at end insert ““, and"
( ) furnish additional guidance o...
Lord Stoddart of Swindon | 682 c26GC (Link to this contribution)
I must object to the Minister calling me and other noble Lords paranoiac because of the way we have ...
Lord Stoddart of Swindon | 682 c27GC (Link to this contribution)
We expected, and, having read that clause in the Bill, any reasonable person would have expected, th...
Lord Warner | 682 c26GC (Link to this contribution)
There will be a full consultation. My memory is that the normal Cabinet Office rule is a three-month...
Lord Warner | 682 c32-3GC (Link to this contribution)
moved Amendment No. 52A:"Page 9, line 27, at end insert ““or of being made susceptible, or more susc...
Lord Warner | 682 c31-2GC (Link to this contribution)
I recognise and accept that Amendment No. 52 is an attempt to address two very important points. Fir...
Lord Warner | 682 c33-4GC (Link to this contribution)
I am always glad to try to provide reassurance not only to the noble Earl but also to the Royal Coll...
Lord Monson | 682 c29-30GC (Link to this contribution)
Clause 13 takes us from the alleged perils of passive smoking to active smoking and, more specifical...
Earl Howe | 682 c28GC (Link to this contribution)
I would go slightly further than my noble friend. I think that not only did no Member of this Commit...
Lord Warner | 682 c22GC (Link to this contribution)
I cannot resist this, although I probably should. The noble Lord, Lord Stoddart, when he gets in ful...
Lord Stoddart of Swindon | 682 c22GC (Link to this contribution)
I think that we were referring to European Union.
Lord Palmer | 682 c22GC (Link to this contribution)
I am disappointed that the Minister did not rise to the bait about the £2.2 billion that the Treasur...
Lord Warner | 682 c21GC (Link to this contribution)
e have not had the pleasure of the noble Lord’s company in a number of the debates in Committee, but...
Lord Stoddart of Swindon | 682 c21GC (Link to this contribution)
The amendment makes it very tempting to reopen the whole Second Reading debate, but if we do that we...
Lord Naseby | 682 c21-2GC (Link to this contribution)
I am most grateful to the noble Lord for giving way. One of the benefits of taking part in Committee...
Lord Warner | 682 c25-6GC (Link to this contribution)
Having produced a reaction in some parts of the Committee—I am not sure whether it is a genuine one—...
Baroness Howarth of Breckland | 682 c24GC (Link to this contribution)
I feel I am going to be disappointed by the Minister’s reply because I suspect that he will say that...
Lord Wakeham | 682 c24GC (Link to this contribution)
I think the noble Lord spoke with considerable moderation. I listened to what he said, and I assumed...
Lord Palmer | 682 c19-20GC (Link to this contribution)
moved Amendment No. 50:"Before Clause 13, insert the following new clause—"
““SALE OF TOBACCO PROD...
Lord Warner | 682 c20GC (Link to this contribution)
This is fascinating stuff, given the way that we have been proceeding with this Bill. I say to the n...
Lord Warner | 682 c10GC (Link to this contribution)
The Minister is positively bursting to give the Committee this new information, recently passed to m...
Lord Stoddart of Swindon | 682 c14-5GC (Link to this contribution)
I thank the Minister for that explanation. He would do better to accept my amendment because it woul...
Lord Stoddart of Swindon | 682 c4GC (Link to this contribution)
I am sorry to come back on this but, in giving us that information, can the Minister detail how the ...
Lord Naseby | 682 c4-5GC (Link to this contribution)
Clause 9 provides for fixed penalties in respect of three offences: smoking in a smoke-free place, f...
Lord Naseby | 682 c5-6GC (Link to this contribution)
That takes us partially forward but it does not totally answer the question. With fixed-penalty noti...
Lord Warner | 682 c6GC (Link to this contribution)
I am sure that it would be down to the enforcement authorities, which we shall discuss under Clause ...
Lord Naseby | 682 c1-2GC (Link to this contribution)
Here we are again, after a weekend of exposure to passive smoking, not least in the case of my good ...
Lord Stoddart of Swindon | 682 c2-3GC (Link to this contribution)
I do not want to keep the Committee long, but it seems that smokers are being treated as some of the...
Lord Naseby | 682 c3GC (Link to this contribution)
I was going to make a point on that. It would be enormously helpful if the Minister, either by way o...
Earl Howe | 682 c47GC (Link to this contribution)
That was an extremely helpful answer. Having read the volumes of Hansard in another place quite exte...
Lord Warner | 682 c47GC (Link to this contribution)
They do, in the sense that they are the performance managers of the PCTs and trusts, but that is a m...
Lord Warner | 682 c45-7GC (Link to this contribution)
The short answer to the last question is that I would need to look at that, although my officials ma...
Lord Warner | 682 c49-52GC (Link to this contribution)
As I understand it, the intention of Amendments Nos. 59, 60, 61 and 63 is to tell the Healthcare Com...
Baroness Barker | 682 c49GC (Link to this contribution)
Amendment No. 60 concerns sanctions. If the code of practice is to have effect, it is not only impor...
Baroness Barker | 682 c39-40GC (Link to this contribution)
I, too, thank the Minister for his reply and the noble Baroness, Lady Masham, for her point. She mad...
Baroness Masham of Ilton | 682 c39GC (Link to this contribution)
I have a question for the Minister. Not long ago, I was in a hospital in north Yorkshire, where my h...
Baroness Masham of Ilton | 682 c45GC (Link to this contribution)
Why have strategic health authorities been left out? I wondered this at Second Reading.
Baroness Barker | 682 c44GC (Link to this contribution)
I thank the Minister for his reply. As someone who every week spends a little time looking at the De...
Lord Warner | 682 c41-2GC (Link to this contribution)
A number of points were raised by the noble Baroness which go a bit wider than the amendment. Let me...
Lord Warner | 682 c26-7GC (Link to this contribution)
I just want to correct the noble Lord. A number of noble Lords said, ““The Minister has let the cat ...
Lord Naseby | 682 c27GC (Link to this contribution)
Only fairly, my Lords.
Lord Warner | 682 c27-8GC (Link to this contribution)
I do feel fairly comfortable with my position. I said that, in view of the strong feelings, I would ...
Baroness Barker | 682 c32GC (Link to this contribution)
I thank the Minister for that answer. I was very pleased that he said that the consultation had been...
Earl Howe | 682 c33GC (Link to this contribution)
I very much welcome these government amendments. For my part I am happy to recommend to the Grand Co...
Lord Warner | 682 c30GC (Link to this contribution)
I do not propose to venture down the paths that the noble Lord, Lord Monson, is encouraging us to go...
Lord Stoddart of Swindon | 682 c22GC (Link to this contribution)
I thank the noble Lord for that intervention. It is really amazing that only the British Isles—all o...
Lord Skelmersdale | 682 c20-1GC (Link to this contribution)
I am slightly amazed by that answer. The Minister described Her Majesty’s Government as a government...
Baroness Barker | 682 c26GC (Link to this contribution)
The Minister said, twice, that the Government are going to consult within the next month. What exact...
Earl Howe | 682 c25GC (Link to this contribution)
The Minister will have detected the sense of the Committee. I was astonished by his answer because I...
Lord Stoddart of Swindon | 682 c16-7GC (Link to this contribution)
One thing the Minister and I can agree on is that we have a fundamental difference of view on the Bi...
Lord Warner | 682 c18-9GC (Link to this contribution)
We have had a good run over the territory of definitions as we have progressed to this part of the B...
Lord Naseby | 682 c17GC (Link to this contribution)
moved Amendment No. 48:"Page 67, line 30, leave out paragraphs (c) and (d)."
The noble Lord said: S...
Lord Warner | 682 c17GC (Link to this contribution)
Amendment No. 48 would seriously limit the ability of an enforcement officer to conduct a proper inv...
Lord Naseby | 682 c18GC (Link to this contribution)
We are getting very near the end of this part of the Bill. This is an important clause. It is concer...
Earl Howe | 682 c10GC (Link to this contribution)
I am most grateful to the Minister for his reply. I am sorry that he thinks my Amendment No. 44 does...
Lord Stoddart of Swindon | 682 c15-6GC (Link to this contribution)
That really was the point that I was trying to make: that publicans already have onerous duties pile...
Lord Brougham and Vaux | 682 c12GC (Link to this contribution)
If this amendment is agreed to, I cannot call Amendment No. 46.
Lord Warner | 682 c4GC (Link to this contribution)
I have an interesting document which I will send to all Members of the Committee for their delectati...
Earl Howe | 682 c6-8GC (Link to this contribution)
moved Amendment No. 44:"Page 65, line 29, at end insert—"
An authorised officer of an enforcement...
Lord Brougham and Vaux | 682 c1GC (Link to this contribution)
If there is another Division in the Chamber, the Committee will adjourn for 10 minutes as soon as th...
Lord Lyell | 682 c52GC (Link to this contribution)
The Committee stands adjourned until Monday 22 May at 3.30 pm.
Earl Howe | 682 c47-9GC (Link to this contribution)
moved Amendment No. 59:"Page 12, line 32, leave out ““such period as is”” and insert ““a reasonable ...
Lord Warner | 682 c47GC (Link to this contribution)
Of course they will; that is what I mean by performance management. They will see which trusts are p...
Baroness Masham of Ilton | 682 c47GC (Link to this contribution)
Should they not see the overall picture and see that the various health bodies take note of what the...
Baroness Masham of Ilton | 682 c49GC (Link to this contribution)
I hope that the Government will look seriously at these amendments, because they seem to be importan...
Baroness Barker | 682 c40-1GC (Link to this contribution)
We have taken this almost as far we can go. However, I want to explain to the Minister that I was no...
Lord Warner | 682 c40GC (Link to this contribution)
It may help the Committee if I say that I know where the noble Baroness is coming from. However, I w...
Earl Howe | 682 c35-6GC (Link to this contribution)
I will speak to Amendment No. 54, which is grouped with the noble Baroness’s amendments.
I start wi...
Earl Howe | 682 c36-7GC (Link to this contribution)
I was talking about nurses’ and uniforms. Nurses travel to and from home in their uniforms as a matt...
Lord Warner | 682 c37-9GC (Link to this contribution)
As someone who used to have policy responsibility in this area, I have a good deal of sympathy with ...
Baroness Barker | 682 c35GC (Link to this contribution)
moved Amendment No. 53:"Page 9, line 31, at end insert—"
““( ) The code must establish procedures ...
Baroness Masham of Ilton | 682 c43GC (Link to this contribution)
Can I ask the noble Baroness about the additional guidance on good practice? Does it go further than...
Baroness Barker | 682 c43GC (Link to this contribution)
I will try to respond to that. The noble Baroness was not here earlier when we talked about the limi...
Lord Naseby | 682 c27GC (Link to this contribution)
So that I can understand where the Minister is coming from, I would like to make clear that no Membe...
Lord Warner | 682 c27GC (Link to this contribution)
I will leave Members of the Committee to read Hansard and draw their own conclusions. I feel fairly ...
Lord Palmer | 682 c26GC (Link to this contribution)
I am a bit confused. Following the question of the noble Baroness, Lady Barker, if a three-month con...
Lord Warner | 682 c26GC (Link to this contribution)
I will have another go. This clause was put into the Bill in this form following cross-party agreeme...
Baroness Barker | 682 c30-1GC (Link to this contribution)
moved Amendment No. 52:"Page 9, line 16, at end insert ““; and"
( ) non-NHS providers of health ca...
Lord Warner | 682 c22GC (Link to this contribution)
Well, I think that the noble Lord needs to spread his wings a little and look round some other parts...
Earl Howe | 682 c22-3GC (Link to this contribution)
moved Amendment No. 51:"Page 9, line 1, at end insert ““or higher than 18””"
The noble Earl said: A...
Earl Howe | 682 c26GC (Link to this contribution)
If there is no plan to raise the age to 21 and if the age limit of 18 is the only proposition on whi...
Lord Naseby | 682 c24-5GC (Link to this contribution)
This has been a revealing last wicket stand, if I can put it that way in the context of Lords. We ha...
Lord Monson | 682 c16GC (Link to this contribution)
The noble Lord, Lord Stoddart, has reminded us again of the over-the-top proposal to ban smoking in ...
Lord Warner | 682 c16GC (Link to this contribution)
I do not intend to rise to the bait and go over the scientific evidence again. If the noble Lord sti...
Lord Naseby | 682 c17-8GC (Link to this contribution)
I have listened to what the Minister has said. I shall reflect on it and return to the matter at a l...
Lord Warner | 682 c15GC (Link to this contribution)
Would the noble Lord accept that publicans already have a responsibility not to allow a disorderly h...
Lord Warner | 682 c13-4GC (Link to this contribution)
If we had had the pleasure of the noble Lord’s company a little earlier, he would have heard me say,...
Lord Skelmersdale | 682 c12-3GC (Link to this contribution)
The Minister will be as aware as the rest of us that the reason local authorities give for large cou...
Earl Howe | 682 c10-1GC (Link to this contribution)
I am grateful to the Minister. In that case, I have misunderstood the Explanatory Notes, which seeme...
Lord Stoddart of Swindon | 682 c4GC (Link to this contribution)
I can only say that I am glad to hear that the Government take all signatories of a petition very se...
Lord Warner | 682 c5GC (Link to this contribution)
I am not quite sure how far I can go on this to help the noble Lord. Fixed-penalty notices tend to b...
Lord Warner | 682 c3-4GC (Link to this contribution)
There were 57,000 responses to the consultation last year. I am afraid I do not have all of them in ...
Lord Warner | 682 c8-10GC (Link to this contribution)
Amendment No. 44 would require enforcement officers to communicate the consequences of providing fal...
Lord Warner | 682 c2GC (Link to this contribution)
I do not have that information to hand, but I can write to the Committee giving the most up-to-date ...
Lord Palmer | 682 c2GC (Link to this contribution)
The Minister mentioned experience. Does he have any figures on what has happened in the two months s...
Lord Warner | 682 c2GC (Link to this contribution)
I should like to remind the Committee of what I said last time. I have no doubt that Members of the ...
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