Health and Social Care Bill. Lords committee stage seventh day. Clause 20 under consideration.
Health and Social Care Bill
Committee of the Whole House (HL)
and
Debate on bills on Tuesday, 22 November 2011,
in the House of Lords.
Type
Parliamentary proceeding
Reference
732 c946-1027, 1040-8 
Session
2010-12
Legislative stage
Committee stage
Chamber / Committee
House of Lords chamber
Health and Social Care Bill. In two volumes. Brought from the Commons. Explanatory Notes HL Bill 92-EN also published.
Thursday, 8 September 2011
Bills
House of Lords
Thursday, 8 September 2011
Bills
House of Lords
Proceeding contributions
Lord Clement-Jones | 732 c1011-2 (Link to this contribution)
My Lords, the noble Baroness, Lady Thornton, has given us a very wide range of views on what integra...
Lord Walton of Detchant | 732 c998 (Link to this contribution)
My Lords, I believe it would be helpful to the Committee, even if one leaves aside the crucial role ...
Show all contributions (124)
Lord Warner | 732 c964 (Link to this contribution)
My Lords, I found the arguments used by the noble Earl on this particular amendment in this debate u...
Baroness Hollins | 732 c1015-6 (Link to this contribution)
My Lords, I will speak to Amendment 203A in my name and those of my noble friend Lady Finlay and the...
Baroness Murphy | 732 c1021 (Link to this contribution)
I am very well aware of the wonderfully heartening Commonwealth of Massachusetts report, but the poi...
Lord Hunt of Kings Heath | 732 c949-51 (Link to this contribution)
My Lords, this is one of the most important groups of amendments that we are going to discuss, becau...
Lord Ribeiro | 732 c1012-3 (Link to this contribution)
My Lords, I thank the noble Baroness, Lady Thornton, for her comments about integration, because I a...
Baroness Thornton | 732 c1009-11 (Link to this contribution)
My Lords, I wonder if I might speak to both of the amendments that are down in the name of my noble ...
Lord Warner | 732 c1005-7 (Link to this contribution)
My Lords, I apologise as I seem to have a series of amendments to this part of the Bill with my name...
Lord Patel | 732 c1007-9 (Link to this contribution)
My Lords, my name is added to Amendment 103 and other amendments in the group. Amendment 197E, which...
Lord Warner | 732 c1004-5 (Link to this contribution)
My Lords, this has been a very interesting debate. It was never my intention to assume that the way ...
Lord Warner | 732 c1005 (Link to this contribution)
103: Clause 20, page 17, line 14, at end insert—
““( ) In discharging this duty, the Board must annu...
Baroness Young of Old Scone | 732 c1004 (Link to this contribution)
Can I just press him on that point? We have a situation at the moment that I think is not in patient...
Earl Howe | 732 c1004 (Link to this contribution)
The noble Baroness, with her passion for this important area of care, makes an extremely important p...
Earl Howe | 732 c1004 (Link to this contribution)
I could not agree more with the noble Lord. We want to get closer to the question of what represents...
Earl Howe | 732 c1002-3 (Link to this contribution)
My Lords, I would be delighted to have that conversation. I did not in the least mean to suggest tha...
Lord Hunt of Kings Heath | 732 c1003-4 (Link to this contribution)
My Lords, I am grateful for the Minister’s response on clinical commissioning groups, but I come bac...
Earl Howe | 732 c1002 (Link to this contribution)
Practices will be accountable for the money that they receive to commission services, as will CCGs. ...
Baroness Finlay of Llandaff | 732 c1002 (Link to this contribution)
This is not about GPs’ private incomes and tax returns. This is about the finances of the business, ...
Earl Howe | 732 c1002 (Link to this contribution)
I understand the noble Baroness’s point. Clearly, we want to see maximum accountability for public m...
Lord Warner | 732 c1002 (Link to this contribution)
I do not particularly want to intervene about GPs. I can understand to some extent what the noble Ea...
Baroness Morgan of Drefelin | 732 c998-9 (Link to this contribution)
My Lords, I am not sure whether my intervention will complicate the debate further but I very much s...
Lord Hunt of Kings Heath | 732 c999-1000 (Link to this contribution)
My Lords, I am grateful to my noble friend for moving the amendment. I should like to start with the...
Earl Howe | 732 c1000-1 (Link to this contribution)
My Lords, this has been a useful debate. I should probably say straight away to the noble Lord, Lord...
Baroness Finlay of Llandaff | 732 c1001 (Link to this contribution)
Before the Minister sits down, will he say why, if he feels that other accounts of public money shou...
Baroness Murphy | 732 c997-8 (Link to this contribution)
My Lords, I recognise the problem that has been described so ably by the noble Lord, Lord Warner, bu...
Lord Warner | 732 c998 (Link to this contribution)
My Lords, I should like to respond briefly to the noble Baroness. There is nothing in the amendment ...
Lord Warner | 732 c993 (Link to this contribution)
102: Clause 20, page 17, line 14, at end insert—
““(2) In discharging its duty under this section th...
Lord Warner | 732 c994-5 (Link to this contribution)
My Lords, I regard this amendment as one of the most important building blocks in the Bill, although...
Lord Hunt of Kings Heath | 732 c990 (Link to this contribution)
My Lords, the debate on the first group was instructive on the relationship between Parliament, the ...
Lord Warner | 732 c996 (Link to this contribution)
My Lords, I am seeking to set up something that would function in the early years of the national Co...
Lord Owen | 732 c996-7 (Link to this contribution)
My Lords, I had not expected to intervene in this debate, but some of the things that I want to say ...
Baroness Williams of Crosby | 732 c995-6 (Link to this contribution)
My Lords, it would be very helpful if the Minister could say something about the proposals with rega...
Baroness Cumberlege | 732 c996 (Link to this contribution)
My Lords, I should like to probe the amendment a little further because I think that it has a lot of...
Lord Patel | 732 c987 (Link to this contribution)
I did not have in mind the scientific meaning of ““research””. This is research of what is going on ...
Baroness Northover | 732 c987-9 (Link to this contribution)
I take on board what the noble Lord says, and indeed he is absolutely right. There are various ways ...
Lord Patel | 732 c989 (Link to this contribution)
My Lords, I was hoping that at the end the noble Baroness would be able to say more strongly how the...
Lord Hunt of Kings Heath | 732 c990 (Link to this contribution)
100A: Clause 20, page 16, line 30, at end insert—
““( ) If, within 60 parliamentary days of the mand...
Lord Warner | 732 c985 (Link to this contribution)
That was not my question. The noble Baroness is arguing that HealthWatch would actually benefit from...
Baroness Northover | 732 c985 (Link to this contribution)
At the moment the CQC is relatively well known because its reports are in the press fairly frequentl...
Baroness Morgan of Drefelin | 732 c985 (Link to this contribution)
I too have listened to this extremely important debate with a great deal of interest. I am slightly ...
Baroness Northover | 732 c985-6 (Link to this contribution)
I am sorry that I am not putting this clearly. One of the major points about this is for HealthWatch...
Baroness Emerton | 732 c986 (Link to this contribution)
My Lords, we have referred to ““patients”” all the time, and I understood that HealthWatch was going...
Baroness Northover | 732 c986-7 (Link to this contribution)
The noble Baroness is quite right that this is patients and public. One of our concerns about some o...
Lord Harris of Haringey | 732 c982 (Link to this contribution)
The noble Baroness stood against me.
Baroness Northover | 732 c982 (Link to this contribution)
My Lords, I sympathise with the noble Lord, Lord Patel. He is forgiven for being subject to the beat...
Baroness Jolly | 732 c981-2 (Link to this contribution)
My Lords, they say that too many cooks spoil the broth, but I think this is an occasion where that p...
Lord Patel | 732 c981 (Link to this contribution)
In response to the amount of funding, as I understand it—I am sure the noble Baroness, Lady Northove...
Lord Harris of Haringey | 732 c981 (Link to this contribution)
I am sorry to intervene again on the noble Baroness, Lady Cumberlege. It is probably because we know...
Baroness Northover | 732 c984 (Link to this contribution)
The noble Lord, Lord Warner, is very concerned that HealthWatch itself is a name that is going to be...
Lord Warner | 732 c984 (Link to this contribution)
Can the Minister give the House any information that the department has on the name recognition of t...
Baroness Northover | 732 c983-4 (Link to this contribution)
Then there were the patient forums of 2004. The noble Lord, Lord Warner, said that these were, "““th...
Lord Harris of Haringey | 732 c983 (Link to this contribution)
It went down before it went up.
Baroness Northover | 732 c982-3 (Link to this contribution)
As the noble Lord points out, I stood against him as a paper candidate—a non-serious candidate. When...
Lord Warner | 732 c975-6 (Link to this contribution)
My Lords, I have added my name to Amendment 99 and to a number of other amendments tabled by the nob...
Lord Harris of Haringey | 732 c972-5 (Link to this contribution)
My Lords, I apologise to my noble friend Lord Patel if he in any sense felt beaten up by me. I absol...
Baroness Cumberlege | 732 c977 (Link to this contribution)
My Lords, I have listened to the debate, and some powerful arguments have been put forward for an in...
Baroness Masham of Ilton | 732 c976-7 (Link to this contribution)
My Lords, I spoke on this subject at Second Reading, and I want to go back in history for a few minu...
Baroness Cumberlege | 732 c981 (Link to this contribution)
I will think about that. Having dealt with the Treasury in the past, I know how difficult it is to g...
Baroness Masham of Ilton | 732 c981 (Link to this contribution)
My Lords, I want to ask the noble Baroness, Lady Cumberlege, about her safeguarding amendments, whic...
Baroness Cumberlege | 732 c977-9 (Link to this contribution)
My Lords, I am very grateful to the noble Lord, Lord Harris, for his history lesson. Perhaps I shoul...
Lord Harris of Haringey | 732 c977 (Link to this contribution)
I would not disagree with the point about the resources, but the initiative to set up the associatio...
Lord Walton of Detchant | 732 c981 (Link to this contribution)
I have a short but, I believe, relevant question for the Minister. As he is aware, a medical charity...
Lord Whitty | 732 c979-80 (Link to this contribution)
My Lords, I, too, tabled amendments in this group. They are aimed at providing HealthWatch with the ...
Lord Hunt of Kings Heath | 732 c963 (Link to this contribution)
My Lords, I am grateful to the noble Earl, but there are some extra points here. What we have seen f...
Earl Howe | 732 c962-3 (Link to this contribution)
I am surprised that the noble Lord, Lord Owen, thinks that the health service should be run in that ...
Lord Owen | 732 c962 (Link to this contribution)
The procedure in another place is deliberately very limited in terms of getting to a legislative cha...
Lord Warner | 732 c964 (Link to this contribution)
98: Clause 20, page 16, line 26, at end insert ““and be prepared to inform Parliament of any major r...
Lord Warner | 732 c964 (Link to this contribution)
My Lords, we have had a very interesting debate on Amendment 96. I cannot say that I have been convi...
Earl Howe | 732 c963-4 (Link to this contribution)
Because it would get Parliament into the territory of micromanaging the health service, if it so cho...
Baroness Wheeler | 732 c970-2 (Link to this contribution)
My Lords, I start by saying that I was not one of the ones who beat up the noble Lord, Lord Patel, o...
Lord Patel | 732 c967-70 (Link to this contribution)
My Lords, I apologise to the Minister and to the noble Baroness, Lady Northover. Yesterday afternoon...
Lord Patel | 732 c967 (Link to this contribution)
99: Clause 20, page 16, leave out lines 27 and 28 and insert—
““(b) Healthwatch England, and””
Earl Howe | 732 c958-9 (Link to this contribution)
It could do. However, that is to be determined. I would welcome the views of the noble Lord on that,...
Lord Davies of Stamford | 732 c958 (Link to this contribution)
I am most grateful to the Minister for giving way. Could, or would, the mandate include any way to p...
Earl Howe | 732 c959 (Link to this contribution)
Of course, Parliament is the sovereign body and can do whatever it chooses. Nothing will prevent it ...
Lord Owen | 732 c959 (Link to this contribution)
It sounds very reasonable, but effectively the pre-consultation period will involve the board, Healt...
Earl Howe | 732 c960 (Link to this contribution)
My Lords, I was just about to comment on the recommendation of the Delegated Powers and Regulatory R...
Lord Hunt of Kings Heath | 732 c959-60 (Link to this contribution)
I take up the point that any debate in Parliament should be after consultation has taken place so th...
Earl Howe | 732 c961 (Link to this contribution)
As I said, there will be full public consultation on the mandate. It would of course be possible for...
Lord Warner | 732 c960 (Link to this contribution)
I have been cogitating what the Minister has been saying, in his normal, plausible way, about the co...
Earl Howe | 732 c962 (Link to this contribution)
The noble Baroness knows that I have undertaken to engage in discussions outside this Chamber about ...
Baroness Jay of Paddington | 732 c961 (Link to this contribution)
I wonder whether the Minister can help me with a point he made in response to the noble Lord, Lord O...
Baroness Cumberlege | 732 c1044 (Link to this contribution)
Those words are so warm to my heart, I cannot tell the noble Lord how much. One of the things that r...
Earl Howe | 732 c1044 (Link to this contribution)
It is the Independent Reconfiguration Panel.
Lord Hunt of Kings Heath | 732 c1043-4 (Link to this contribution)
My Lords, we are indebted to my noble friend for raising what I think is one of the most difficult i...
Lord Warner | 732 c1044 (Link to this contribution)
I never thought that I would be outflanked on the Stalinist wing of the Labour Party by any Member o...
Earl Howe | 732 c1045-6 (Link to this contribution)
My Lords, this group of amendments usefully focuses us on reconfiguration and the sustainability of ...
Lord Hunt of Kings Heath | 732 c1046 (Link to this contribution)
My Lords, I am grateful to the noble Earl for giving way. I understand that, but is not the problem ...
Baroness Cumberlege | 732 c1044 (Link to this contribution)
I am indebted to my noble friend for that. Does the Independent Reconfiguration Panel play a part in...
Lord Warner | 732 c1044-5 (Link to this contribution)
Something equivalent to the Independent Reconfiguration Panel was used earlier in the system. It was...
Lord Warner | 732 c1040-3 (Link to this contribution)
My Lords, this is probably not the best time of night to be concentrating on this set of amendments,...
Earl Howe | 732 c1046-7 (Link to this contribution)
I understand the noble Lord’s point; it is one that we have thought carefully about, as he might ima...
Lord Warner | 732 c1048 (Link to this contribution)
My Lords, this has been a useful piece of—if I may put it this way—foreplay on this subject before w...
Lord Beecham | 732 c1047 (Link to this contribution)
What does the Minister mean by local consultation and local considerations? One can envisage a situa...
Earl Howe | 732 c1047-8 (Link to this contribution)
The noble Lord is absolutely right. In that kind of situation the process would inevitably become mo...
Baroness Williams of Crosby | 732 c1020-1 (Link to this contribution)
I listened very carefully to what the noble Baroness, Lady Murphy, said, and I broadly agree with it...
Baroness Finlay of Llandaff | 732 c1018-9 (Link to this contribution)
My Lords, I have several amendments in this group. Amendment 203A has been spoken to fully by noble ...
Baroness Murphy | 732 c1019-20 (Link to this contribution)
My Lords, much has been said on this group of amendments and I will not delay the Committee too much...
Baroness Tyler of Enfield | 732 c1016-8 (Link to this contribution)
My Lords, I will speak to Amendment 135CA in my name. We have already had a very interesting debate ...
Lord Turnberg | 732 c1013-5 (Link to this contribution)
My Lords, I will speak to Amendments 103, 104A, 106, 135A, and several of the others in this group. ...
Baroness Williams of Crosby | 732 c1021-2 (Link to this contribution)
I think the answer to that had probably better come from the department rather than from me, but I a...
Baroness Thornton | 732 c1021 (Link to this contribution)
The noble Baroness, Lady Williams, is right. It is a great report, and I have read it. Would she car...
Baroness Williams of Crosby | 732 c1021 (Link to this contribution)
I would not disagree with the noble Baroness on that issue. I agree with her, but I am trying to mak...
Baroness Thornton | 732 c1026 (Link to this contribution)
I am thinking about Monitor, what it is doing and its role as an economic regulator. Why is it the b...
Earl Howe | 732 c1026 (Link to this contribution)
It needs to be a body that is separate from the NHS Commissioning Board. Determining what represents...
Baroness Thornton | 732 c1026 (Link to this contribution)
Perhaps when the Minister writes to me, he could explain why it is better that economists and regula...
Earl Howe | 732 c1026-7 (Link to this contribution)
Yes, I will. To address the point that I began just now, the board’s duty to promote integration spe...
Lord Warner | 732 c1022 (Link to this contribution)
I would not normally have interrupted the noble Baroness, but this canard that somehow integration i...
Baroness Williams of Crosby | 732 c1022 (Link to this contribution)
I have actually gone in to the story of Kaiser Permanente very carefully. It is not surprising that ...
Baroness Wheeler | 732 c1022-3 (Link to this contribution)
My Lords, I will speak briefly to my Amendment 135B. Since the Future Forum report, there is a renew...
Earl Howe | 732 c1023-6 (Link to this contribution)
My Lords, the subject of the tariff may, to an outsider, seem rather dry but I will begin by saying ...
Lord Warner | 732 c1040 (Link to this contribution)
104: Clause 20, page 17, line 14, at end insert—
““( ) In discharging its duty under this section th...
Lord Warner | 732 c1027 (Link to this contribution)
My Lords, this has been a very helpful debate. I do not wish to keep noble Lords from their supper. ...
Lord Warner | 732 c946 (Link to this contribution)
96: Clause 20, page 15, line 37, leave out first ““the”” and insert ““a maximum of five obligatory a...
Lord Warner | 732 c947-8 (Link to this contribution)
My Lords, we have come to Clause 20, which covers the Secretary of State’s mandate to the National C...
Baroness Murphy | 732 c948-9 (Link to this contribution)
My Lords, I have added my name to the amendments, many of which are from the noble Lord, Lord Patel,...
Lord Patel | 732 c951-2 (Link to this contribution)
My Lords, I added my name to the amendments tabled by the noble Lord, Lord Warner. They were prompte...
Lord Owen | 732 c952-4 (Link to this contribution)
My Lords, I support the amendment spoken to very ably by the noble Lord, Lord Hunt. The case is utte...
Lord Harris of Haringey | 732 c954-5 (Link to this contribution)
My Lords, I confess that I am something of a cynic about some of the proposals in the Bill. I am a g...
Baroness Williams of Crosby | 732 c955-6 (Link to this contribution)
My Lords, I will comment further on Amendment 98. One of the great qualities of the amendment is tha...
Earl Howe | 732 c956-7 (Link to this contribution)
My Lords, I hope that I can demonstrate to the Committee that the portrayal of what the Government i...
Lord Warner | 732 c957 (Link to this contribution)
I would like to pursue the last point the Minister made. Is he saying that, after a lot of consultat...
Earl Howe | 732 c957 (Link to this contribution)
The noble Lord is taking us into a hypothetical realm. I understand why he is asking those questions...
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