Before the Minister sits down, I wanted to draw to her attention why we think that it is so important that the Care Quality Commission looks at the subsequent action of a PCT, for example, after a budget allocation for a specific use. It has been brought to my attention...

Before the Minister sits down, I wanted to draw to her attention why we think that it is so important that the Care Quality Commission looks at the subsequent action of a PCT, for example, after a budget allocation for a specific use. It has been brought to my attention...

moved Amendment No. 90: 90: Clause 44, page 22, line 9, at end insert— ““( ) The Commission shall commence its functions under this section on the same day that the Commission commences its functions under section 2.”” The noble Baroness said: The issue addressed by this amendment is one...

moved Amendment No. 90: 90: Clause 44, page 22, line 9, at end insert— ““( ) The Commission shall commence its functions under this section on the same day that the Commission commences its functions under section 2.”” The noble Baroness said: The issue addressed by this amendment is one...

moved Amendment No. 92: 92: After Clause 45, insert the following new Clause— ““Failings by English NHS providers (1) This section applies where the Commission conducts a review under section 42 or 45, or a review or investigation under section 44, in respect of an English NHS provider. (2) If...

moved Amendment No. 92: 92: After Clause 45, insert the following new Clause— ““Failings by English NHS providers (1) This section applies where the Commission conducts a review under section 42 or 45, or a review or investigation under section 44, in respect of an English NHS provider. (2) If...

With that announcement, I am very happy to beg leave to withdraw the amendment. I thank the Minister for her answer. Amendment, by leave, withdrawn. Clause 45 agreed to.

With that announcement, I am very happy to beg leave to withdraw the amendment. I thank the Minister for her answer. Amendment, by leave, withdrawn. Clause 45 agreed to.

Yes.

Yes.

I thank the Minister for that response, which was very encouraging. I do not think that there is any more to be said. I am delighted that she agrees with me and that we now have it on record that Clause 49 is intended to include—I think she said—health promotion....

I thank the Minister for that response, which was very encouraging. I do not think that there is any more to be said. I am delighted that she agrees with me and that we now have it on record that Clause 49 is intended to include—I think she said—health promotion....

Clause 38 deals with what happens when somebody who is registered as a service provider dies. This mirrors a requirement that currently applies under Section 35 of the Care Standards Act 2000. In these situations, it will clearly be important that there is some continuous service provision and, equally, that...

Clause 38 deals with what happens when somebody who is registered as a service provider dies. This mirrors a requirement that currently applies under Section 35 of the Care Standards Act 2000. In these situations, it will clearly be important that there is some continuous service provision and, equally, that...

I beg to move that the Committee do now adjourn during pleasure until 5.42 pm. Moved accordingly, and, on Question, Motion agreed to. [The Sitting was adjourned between 5.32 and 5.42 pm.]

I beg to move that the Committee do now adjourn during pleasure until 5.42 pm. Moved accordingly, and, on Question, Motion agreed to. [The Sitting was adjourned between 5.32 and 5.42 pm.]

I am horribly confused by this term. I understood for a long time that NHS provider meant someone from the independent sector providing services to the NHS. That term became common parlance during the time when the noble Earl’s party was in government and I have used it frequently. I...

I am horribly confused by this term. I understood for a long time that NHS provider meant someone from the independent sector providing services to the NHS. That term became common parlance during the time when the noble Earl’s party was in government and I have used it frequently. I...

I was tempted to intervene a little earlier, when the noble Earl, Lord Howe, was challenging the linguistic quality of a provision. I have often been accused of being a pedant in relation to my defence of the purity of the English language. I feel uncomfortable when I read a...

I was tempted to intervene a little earlier, when the noble Earl, Lord Howe, was challenging the linguistic quality of a provision. I have often been accused of being a pedant in relation to my defence of the purity of the English language. I feel uncomfortable when I read a...

That is not my understanding, but I shall look at that to determine whether we are talking about the same issue. As I have already said, the commission may undertake any investigation, regardless of whether it is in the proposed programme. As well as carrying out reviews, the commission will...

That is not my understanding, but I shall look at that to determine whether we are talking about the same issue. As I have already said, the commission may undertake any investigation, regardless of whether it is in the proposed programme. As well as carrying out reviews, the commission will...

If one supposes that these two clauses go through unamended and thus without the option of criminal conviction suggested in the amendments, would a care home or other organisation which had been shown to have exercised a lack of care that could amount to serious negligence, leading to the death...

If one supposes that these two clauses go through unamended and thus without the option of criminal conviction suggested in the amendments, would a care home or other organisation which had been shown to have exercised a lack of care that could amount to serious negligence, leading to the death...

I realise that this is important. Who is liable in an organisation such as an NHS trust? Is it the person or the body itself? In other words, it would be the trust, not any individual person. But under Clause 87, if an individual is responsible, that person would be...

I realise that this is important. Who is liable in an organisation such as an NHS trust? Is it the person or the body itself? In other words, it would be the trust, not any individual person. But under Clause 87, if an individual is responsible, that person would be...

A fine is a process of the regulatory requirements. It is not just about a fine but the reputation of the hospital concerned. A whole range of other things exists. I said that we are looking at practical ways to return the money to local commissioners, which means that the...

A fine is a process of the regulatory requirements. It is not just about a fine but the reputation of the hospital concerned. A whole range of other things exists. I said that we are looking at practical ways to return the money to local commissioners, which means that the...

I did not say that it would go back into the pot. I actually said that we were looking for an administrative and practical way to return the money to local commissioners to reinvest, which is not at all the same thing. I would like to have another go at...

I did not say that it would go back into the pot. I actually said that we were looking for an administrative and practical way to return the money to local commissioners to reinvest, which is not at all the same thing. I would like to have another go at...

I thank the Minister for that clear explanation. I am delighted to have it on the record so that if cases arise that are perhaps less proportionate than we would wish, we have some evidence of the action that should be taken. I beg leave to withdraw the amendment. Amendment,...

I thank the Minister for that clear explanation. I am delighted to have it on the record so that if cases arise that are perhaps less proportionate than we would wish, we have some evidence of the action that should be taken. I beg leave to withdraw the amendment. Amendment,...

I agree that the commission must be able to take robust, appropriate and timely action where services are failing. Warning notices under Clause 25 will be an important new sanction which might be appropriate for first-time or minor breaches of regulatory requirements. The issuing of a notice should encourage a...

I agree that the commission must be able to take robust, appropriate and timely action where services are failing. Warning notices under Clause 25 will be an important new sanction which might be appropriate for first-time or minor breaches of regulatory requirements. The issuing of a notice should encourage a...

moved Amendment No. 57A: 57A: Clause 25, page 13, line 27, leave out subsection (4) The noble Earl said: Clause 25(4) contains what appears to be a surprising provision. Where a provider complies with a warning notice, the regulator cannot use this as a ground for cancellation, suspension of registration,...

moved Amendment No. 57A: 57A: Clause 25, page 13, line 27, leave out subsection (4) The noble Earl said: Clause 25(4) contains what appears to be a surprising provision. Where a provider complies with a warning notice, the regulator cannot use this as a ground for cancellation, suspension of registration,...

As Members of the Committee have so effectively set out, because of its role in regulating both public and independent sector provision across the health and adult social care sector, the commission will be ideally placed to carry out reviews of the quality of care delivery across an entire clinical...

As Members of the Committee have so effectively set out, because of its role in regulating both public and independent sector provision across the health and adult social care sector, the commission will be ideally placed to carry out reviews of the quality of care delivery across an entire clinical...

I did not respond on Amendment No. 101A because it is not grouped with these amendments. However, I will do so if the noble Baroness wishes. Clause 50 enables the commission to undertake or promote studies carried out by other people, which are intended to result in recommendations for improving...

I did not respond on Amendment No. 101A because it is not grouped with these amendments. However, I will do so if the noble Baroness wishes. Clause 50 enables the commission to undertake or promote studies carried out by other people, which are intended to result in recommendations for improving...