Report (5th Day)

Part of Health and Social Care Bill – in the House of Lords at 7:00 pm on 6th March 2012.

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Photo of Baroness Finlay of Llandaff Baroness Finlay of Llandaff Crossbench 7:00 pm, 6th March 2012

I am most grateful to the noble Baroness for the assurances that she has given. I am particularly grateful to her for focusing on the integration with educational needs as well as social care needs and physical and mental health needs, with a single point of assessment. I beg leave to withdraw the amendment.

Amendment 167A withdrawn.

Amendment 167B not moved.

Clause 64 : Matters to have regard to in exercise of functions

Amendments 168 to 171

Moved by Earl Howe

168: Clause 64, page 90, leave out line 2 and insert-

"(1) In exercising its functions, Monitor must have regard, in particular, to-"

169: Clause 64, page 90, line 3, at end insert-

"(2) Monitor must, in exercising its functions, also have regard to the following matters in so far as they are consistent with the matter referred to in subsection (1)-"

170: Clause 64, page 90, line 5, at end insert "and in the efficiency of their provision"

171: Clause 64, page 90, line 6, leave out paragraph (c)

Amendments 168 to 171 agreed.

Amendment 171A not moved.

Amendment 172

Moved by Earl Howe

172: Clause 64, page 90, line 20, leave out paragraph (h)

Amendment 172 agreed.

Amendment 173 not moved.

Amendments 173A to 173C

Moved by Earl Howe:

173A: Clause 64, page 90, line 27, at end insert-

"(ja) where the Secretary of State publishes a document for the purposes of section 13E of the National Health Service Act 2006 (improvement of quality of services), any guidance published by the Secretary of State on the parts of that document which the Secretary of State considers to be particularly relevant to Monitor's exercise of its functions,"

173B: Clause 64, page 90, line 28, leave out paragraphs (k) to (m)

173C: Clause 64, page 90, line 36, at end insert-

"( ) Where the Secretary of State publishes guidance referred to in subsection (2)(ja), the Secretary of State must lay a copy of the published guidance before Parliament.

( ) The Secretary of State-

(a) may revise the guidance, and

(b) if the Secretary of State does so, must publish the guidance as revised and lay it before Parliament."

Amendments 173A to 173C agreed.

Clause 65 : Conflicts between functions

Amendment 174 not moved.

Amendment 174ZA had been withdrawn from the Marshalled List.

Amendment 174A not moved.

Clause 69 : Failure to perform functions

Amendments 175 and 176

Moved by Earl Howe

175:Clause 69, page 93, line 38, after "Monitor's" insert ", other than a function it has by virtue of section 70 or 71,"

176:Clause 69, page 94, leave out lines 8 and 9 and insert-

"( ) For the purposes of this section-

(a) a failure to perform a function includes a failure to perform it properly, and

(b) a failure to perform a function properly includes a failure to perform it consistently with what the Secretary of State considers to be the interests of the health service in England or (as the case may be) with what otherwise appears to the Secretary of State to be the purpose for which it is conferred; and "the health service" has the same meaning as in the National Health Service Act 2006."

Amendments 175 and 176 agreed.

Amendment 177 and 178 not moved.

Clause 73 : Requirements as to procurement, patient choice and competition

Amendment 178A

Moved by Baroness Thornton

178A:Clause 73, page 96, line 30, at end insert-

"(5) An NHS commissioner shall be entitled to undertake a review ("a Commissioning Review") of all or any part of the health services that the NHS commissioner considers are reasonably required in order to discharge its functions under this Act, and, upon completion of such a Commissioning Review, an NHS Commissioner shall be entitled to determine that the most appropriate way to deliver all or any part of such services shall be through the conclusion of arrangements with one or more health services bodies or one or more NHS Foundation Trusts.

(6) NHS Commissioners shall, when conducting a Commissioning Review, have regard to the following factors-

(a) the need for NHS services to be provided in a way that is economic, efficient and effective;

(b) the need to commission services in a way that maintains or improves the quality of the services;

(c) the need to commission health services in a way that promotes the integration of health and social care services;

(d) the need for health care services provided for the purposes of the NHS to be provided in an integrated way where this will-

(i) improve the quality of those services (including the outcomes that are achieved from their provision) or the efficiency of their provision,

(ii) reduce inequalities between persons with respect to their ability to access those services, and

(iii) reduce inequalities between persons with respect to the outcomes achieved for them by the provision of those services;

(e) the likely future demand for health care services;

(f) the desirability of patient choice.

(7) An NHS commissioner shall be entitled, as part of any Commissioning Review, to seek expressions of interest from health services bodies or from NHS Foundation Trusts which may have an interest in providing such services, and shall be entitled to undertake such processes as it shall consider appropriate to determine which of such bodies is able most appropriately to provide any such services.

(8) A Commissioning Review and decisions made following a Commissioning Review to make arrangements with one or more health services bodies or NHS Foundation Trusts shall not constitute anti-competitive behaviour for the purposes of this or any other Act.

(9) The Public Contracts Regulations 2006 shall not impose any obligations on an NHS commissioner which undertakes a Commissioning Review or makes decisions to make arrangements with one or more health services bodies or NHS Foundation Trusts following a Commissioning Review.

(10) Regulations under this section shall not impose obligations on an NHS commissioner undertaking a Commissioning Review.

(11) The NHS Commissioning Board may, after consultation with Monitor, publish guidance to NHS Commissioners concerning Commissioning Reviews.

(12) The National Health Service Act 2006 shall be amended by adding the following after section 9(4)(r)-

"(s) An NHS Foundation Trust"."