Key Facts

• Amendment 114 is consequential on Amendment 115.
• Amendment 115 would require the Secretary of State for Health and Social Care to obtain the consent of Scottish Ministers, Welsh Ministers, and Northern Ireland Ministers before exercising certain powers under Clause 130.
• The amendment aims to address concerns about 'Henry VIII' powers in the Bill that could change laws or Acts related to devolved institutions without their consent.
• Clause 130 enables the UK Government to make consequential amendments following the Bill's provisions.
• The clause is deemed appropriate as it aligns with common practices in UK legislation.
• There are 135 clauses and 16 schedules in the Health and Care Bill.
• Clause 130 allows consequential amendments to other legislation following significant changes in the health service framework.
• Clause 131 sets out regulation-making powers and procedural rules for regulations under the Bill.
• The power extends only to existing primary legislation or primary legislation passed during the same session.
• New clause 59 imposes a duty on the Care Quality Commission (CQC) to conduct reviews of health and social care services.
• The CQC must assess how integrated care boards, partner local authorities, and registered service providers function together in providing care.
• The Secretary of State sets objectives for these assessments and approves quality indicators used by the CQC.
• New Clause 60 creates a new power for the Secretary of State to intervene when local authorities are failing in their adult social care duties.
• New Clause 61 amends section 50 of the Health and Social Care Act 2008 to remove the Care Quality Commission's ability to give notices of failure to English local authorities.
• The clauses were read a Second time and added to the Bill.
• The amendment seeks to further add in a limited way to the current powers to make regulations for an exemption from ordinary reimbursement requirements.
• It covers vaccines, pandemic treatments, medicinal products used for prevention or treatment of disease during a pandemic, and associated products such as diluents and syringes.
• No regulations have yet been made under the 2017 amendment but the matter remains under review.
• New clause simplifies and safeguards remuneration process for centrally procured vaccines, immunisations, or pandemic-related products.
• Market failure risk cited when wholesalers export products or sell them at a higher price in conventional supply chain.
• Section 164 of the National Health Service Act 2006 allows the Secretary of State to determine remuneration.
• A person is guilty of an offence if they undertake a surgical procedure to re-create the hymen in a patient's vagina.
• Advertising hymenoplasty or similar services is also criminalised.
• Offenders can face up to five years imprisonment and referral for investigation by relevant regulators.
• New clause 1 targets virginity testing.
• New clause 2 addresses hymenoplasty procedures.
• Both practices are considered violations of human rights by the Royal College of Midwives and the World Health Organisation.
• The Royal College of Obstetricians and Gynaecologists agrees that hymenoplasty has no medical benefit and should be outlawed.
• The Government announced on 21 July their commitment to ban virginity testing in the tackling violence against women and girls strategy.
• New clause 1 aims to ban virginity testing but faces concerns over drafting clarity and application across the four nations of the UK.
• An expert panel, co-chaired by Professor Sir Jonathan Montgomery and Dr Pallavi Latthe, is reviewing hymenoplasty's clinical and ethical aspects.
• The report from the expert panel will be presented for Ministers' consideration before the Christmas recess.
• Mental health problems account for 28% of the burden of disease but only 13% of NHS spending.
• One in four mental health beds has been cut since 2010.
• In 2021, 37% of children referred to mental health services were turned away.
• Section 1(1) of the National Health Act 2006 requires the Secretary of State to promote comprehensive health services for physical and mental health improvement.
• NHS England and NHS Improvement monitor three metrics: real-term expenditure growth, access to psychological therapies, and child/youth mental health service access.
• In 2020-21, all Clinical Commissioning Groups (CCGs) met the mental health investment standard.
• Funding for mental health services reached £14.3 billion in financial year 2020-22, up from £13.2 billion in 2019-20.
• The new clause is tabled by the hon. Member for Newton Abbot.
• 30% of women globally have experienced physical or sexual violence from an intimate partner, with a similar statistic in the UK (one in four).
• Health services annually spend £2.3 billion addressing domestic abuse costs.
• Disabled people and specifically disabled women experience higher rates of domestic abuse compared to those without disabilities.
• Stay Safe East highlights that victims living with disabilities face prolonged abuse before accessing help.
• Women’s Aid data shows that no refuge services were commissioned by CCGs in 2019-20.
• Just 10% of community-based services for domestic abuse survivors were commissioned by CCGs in the same period.
• The speaker fought to persuade a previous Housing Minister about investment and support going into services through local government.
• The Domestic Abuse Act 2021 requires local healthcare systems to contribute to domestic abuse local partnership boards.
• Integrated Care Partnerships (ICPs) will work with housing providers, local authorities, the NHS and other organizations to improve services for victims of domestic abuse.
• NHS England is developing enhanced trauma-informed mental health support within the sexual assault and abuse pathway.
• The new clause requires all meetings of NHS bodies to be held in public.
• Agendas and papers must be published at least 10 days before meetings.
• Major decisions must be based on a business case, Stage Gate Review, and public responses.
• 'Major decision' includes proposals for capital expenditure over £5m or contracts valued over £1m.
• New clause 7 aims to ensure papers are published in advance and due process is followed.
• Section 75 of the National Health Service Act 2006 has been removed, eliminating the need to put things out for competition.
• The Infrastructure and Projects Authority gate review process needs to be adhered to by NHS projects.
• The speaker references the Health and Social Care Act 2012 (Lansley Act) as having pushed trusts in the opposite direction of openness.
• The Francis report emphasizes the importance of organisations being open, honest, and transparent about their performance standards to restore public trust.
• NHS business should be conducted in a socially responsible manner that fosters an open relationship with local communities.
• New clause 7 sets benchmarks for enforcing transparency.
• There is a need to put beyond doubt the reasons why major decisions are required and how they are taken in a way that can be shared with the public.
• The MP challenges the Minister to explain VAT references related to new hospital projects.
• The new clause would require NHS trusts, foundations trusts, proposed ICBs, NHS England and special health authorities to hold their meetings in public except if it would be prejudicial to the public interest.
• Schedule 4 to the Health and Care Bill provides for integrated care boards (ICBs) to be added to the schedule to the Public Bodies (Admission to Meetings) Act 1960.
• The Treasury requires business cases for capital spending or whole-life cost spending over £50 million.