Clause 5

Part of Health and Social Care Bill – in a Public Bill Committee at 12:30 pm on 15th January 2008.

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Photo of Angela Browning Angela Browning Deputy Chairman, The Conservative Party 12:30 pm, 15th January 2008

I am listening with a lot of sympathy to what the hon. Gentleman is saying, but will he clarify something? In recent years, direct payments have been introduced and used by people who would certainly qualify under clause 5(3) as individuals needing personal care and other practices. In the case of direct payments, although the funding comes through the local authority, it is at the discretion of the local authority—and, often, just by mutual agreement with the local authority—that the person who needs the care becomes the employer, particularly those with learning disabilities and such conditions. Therefore, they legally contractually employ the person who carries out the service or the care for them, although the core funding comes via social services. In drafting the amendment, does the hon. Gentleman think that the people providing care through a direct payments grant to those needing care would also come within the scope of the clause, or does he think that because they are legally the employer, employment law and other legislation would kick in instead?