Health and Social Care Bill – in a Public Bill Committee at 6:30 pm on 15 January 2008.
Stephen O'Brien
Shadow Minister (Health)
I beg to move Amendment No. 12, in Clause 15, page 7, line 6, at end insert—
‘(1A) Except in case A or B, a person taking action under subsection (1) is entitled to financial compensation.
(1B) the Secretary of State shall by regulations establish the amount of compensation to be granted under subsection (1A).’.
We are now dealing with applications by registered persons. The amendment would enable the registered person to claim back part of the registration fee if he or she were not remaining registered for the duration of the registration period. As drafted, the registered person forfeits any such money if he is advised to cancel his registration. If that is the aim of the Bill, it seems a little unfair. It could be, perhaps at the outside edge, a perverse incentive and if we, as legislators, are to make sure that we keep our eye always on the principle of fairness, it could be something of an asymmetric approach. I hope that the Minister will either give me a satisfactory reassurance or be willing to reconsider the possibility of being able to claim back at least part of the registration fee, when the registered person does not remain registered for the duration of the registered period.
Ben Bradshaw
Minister of State (Regional Affairs) (South West), The Minister of State, Department of Health
I agree that it is important that providers are treated fairly in the process. My understanding of the effect of the proposal is that when the Care Quality Commission takes normal action, registered persons have the right to make representations to the commission and if they are not satisfied they have an independent right of appeal to a tribunal. In that case, the action would not take effect until after an appeal was heard, so there should be no material effect on the person or the provider, and therefore no need for compensation.
If the CQC takes urgent action, which we discussed earlier, the action would bite straight away to protect patients and service users. In those cases, if the commission had acted improperly there may be a case for compensation, as businesses could have been affected. However, the first priorities of the commission are its duties to patient and service safety and we expect it to carry out those responsibilities extremely carefully.
Stephen O'Brien
Shadow Minister (Health)
That was relatively reassuring. We will study the issue of fairness as we progress through the Bill. On the basis that anything that will help to improve the sense of equilibrium and fairness is welcomed by hon. Members on both sides of the Committee, I beg to ask leave to withdraw the Amendment.
A parliamentary bill is divided into sections called clauses.
Printed in the margin next to each clause is a brief explanatory `side-note' giving details of what the effect of the clause will be.
During the committee stage of a bill, MPs examine these clauses in detail and may introduce new clauses of their own or table amendments to the existing clauses.
When a bill becomes an Act of Parliament, clauses become known as sections.
Secretary of State was originally the title given to the two officials who conducted the Royal Correspondence under Elizabeth I. Now it is the title held by some of the more important Government Ministers, for example the Secretary of State for Foreign Affairs.
As a bill passes through Parliament, MPs and peers may suggest amendments - or changes - which they believe will improve the quality of the legislation.
Many hundreds of amendments are proposed by members to major bills as they pass through committee stage, report stage and third reading in both Houses of Parliament.
In the end only a handful of amendments will be incorporated into any bill.
The Speaker - or the chairman in the case of standing committees - has the power to select which amendments should be debated.
A parliamentary bill is divided into sections called clauses.
Printed in the margin next to each clause is a brief explanatory `side-note' giving details of what the effect of the clause will be.
During the committee stage of a bill, MPs examine these clauses in detail and may introduce new clauses of their own or table amendments to the existing clauses.
When a bill becomes an Act of Parliament, clauses become known as sections.
Ministers make up the Government and almost all are members of the House of Lords or the House of Commons. There are three main types of Minister. Departmental Ministers are in charge of Government Departments. The Government is divided into different Departments which have responsibilities for different areas. For example the Treasury is in charge of Government spending. Departmental Ministers in the Cabinet are generally called 'Secretary of State' but some have special titles such as Chancellor of the Exchequer. Ministers of State and Junior Ministers assist the ministers in charge of the department. They normally have responsibility for a particular area within the department and are sometimes given a title that reflects this - for example Minister of Transport.
The Care Quality Commission (CQC) is the independent regulator of health and adult social care providers in England and it is responsible for developing and consulting on its methodology for assessing whether providers are meeting the registration requirements.
As a bill passes through Parliament, MPs and peers may suggest amendments - or changes - which they believe will improve the quality of the legislation.
Many hundreds of amendments are proposed by members to major bills as they pass through committee stage, report stage and third reading in both Houses of Parliament.
In the end only a handful of amendments will be incorporated into any bill.
The Speaker - or the chairman in the case of standing committees - has the power to select which amendments should be debated.
