Report (6th Day)

Part of Health and Social Care Bill – in the House of Lords at 4:00 pm on 8 March 2012.

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Photo of Baroness Massey of Darwen Baroness Massey of Darwen Labour 4:00, 8 March 2012

My Lords, I thank all noble Lords who have taken part in the debate on this amendment. I am aware that there is a very powerful lobby in this House which supports the voice of the child in all matters and supports children's welfare generally. There is also a very powerful lobby outside of children's organisations that are dedicated to providing children with what they need.

I thank the noble Baroness for the reassurances that she has given. However, I stress that the research I quoted contains clear evidence that the voice of the child is often overlooked. We must be vigilant that it is not overlooked in the future. One of my three queries to the Government concerned disseminating guidance. I fully accept that there will be a health outcomes strategy for children. However, we have to keep an eye on that and see what happens in relation to the contribution of children's voices to carrying out that strategy.

The noble Baroness said that there would be a review of how HealthWatch England and local healthwatch involved children. I suggest that two years after commencement is a sufficiently long period. I am disappointed about the champion issue because without advocacy some vulnerable groups will be neglected, which is never a good thing. I will follow up these issues with the Government. In the mean time, I beg leave to withdraw the amendment.

Amendment 227 withdrawn.

Amendment 227A not moved.

Amendment 228

Moved by Baroness Cumberlege

228: Clause 180, page 177, line 35, at end insert-

"45AA Conflicts of interest

(1) In making arrangements under section 45A(1), the Commission must have regard to any conflicts guidance issued by the Secretary of State.

(2) In exercising functions on behalf of the Commission, the Healthwatch England committee must have regard to any conflicts guidance issued by the Secretary of State.

(3) In this section, "conflicts guidance" means guidance about managing conflicts between-

(a) the exercise of functions by the Commission, and

(b) the exercise of functions by the Healthwatch England committee on the Commission's behalf."

Amendment 228 agreed.

Amendment 229

Moved by Earl Howe

229: Clause 180, page 177, line 47, at end insert "and to every Local Healthwatch organisation"

Amendment 229 agreed.

Amendment 229A

Moved by Baroness Jolly

229A: Clause 180, page 178, line 2, at end insert-

"(3A) Where a recommendation is made to the committee under section 221(2)(ga) of the Local Government and Public Involvement in Health Act 2007 (reports under subsection (3)), the committee must have regard to the recommendation."

Amendment 229A agreed.

Amendment 230

Moved by Earl Howe

230: Clause 180, page 179, line 5, leave out subsection (14) and insert-

"(14) The Healthwatch England committee is to be treated for the purposes of section 2(1) of the Public Bodies (Admission to Meetings) Act 1960 as a body that includes all the members of the Care Quality Commission."

Amendment 230 agreed.

Amendment 231 not moved.

Amendment 231ZA had been withdrawn from the Marshalled List.

Amendment 231ZB had been retabled as Amendment 234ZA.

Amendment 231A

Moved by Baroness Bakewell

231A: After Clause 180, insert the following new Clause-

"Healthwatch England's Commissioner for Older People

(1) The Health and Social Care Act 2008 is amended as follows.

(2) In Chapter 3 of Part 1 (quality of health and social care), before section 46 and the preceding cross-heading insert-

"Healthwatch England's Commissioner for Older People

Healthwatch England's Commissioner for Older People

(1) A member of Healthwatch England shall be designated as the Commissioner for Older People in England.

(2) The Commissioner shall exercise their functions independent of their role as a member of Healthwatch England.

(3) The general functions of the Commissioner shall be to consult with and garner the opinions of older people, and to represent those opinions in all arenas of public discourse including Parliament.

(4) The Commissioner shall be free to set its own parameters within the broad context of monitoring institutions.

(5) The Commissioner must encourage the involvement of older people in the work of the Commissioner.

(6) The Commissioner must, in a particular, take reasonable steps to listen to and consult with older people on the work to be undertaken by the Commissioner.""