Rebecca Evans AC/AM Y Gweinidog Cyllid a’r Trefnydd Minister for Finance and Trefnydd Eich cyf/Your ref Ein cyf/Our ref MA/VG/0055/20 Holl Aelodau'r Cynulliad Cynulliad Cenedlaethol Cymru Bae Caerdydd Caerdydd CF99 1NA 15 Ionawr 2020 Annwyl Aelod Cynulliad, Bil Iechyd a Gofal Cymdeithasol (Ansawdd ac Ymgysylltu) (Cymru) – Gwelliannau y Llywodraeth Rwy’n amgáu manylion gwelliannau a gyflwynwyd gan y Llywodraeth i’r Bil Iechyd a Gofal Cymdeithasol (Ansawdd ac Ymgysylltu) (Cymru), ac eglurhad eu diben a’u heffaith. Yn gywir, Rebecca Evans AC/AM Y Gweinidog Cyllid a’r Trefnydd Minister for Finance and Trefnydd Canolfan Cyswllt Cyntaf / First Point of Contact Centre: 0300 0604400 Bae Caerdydd • Cardiff Bay [email protected] Caerdydd • Cardiff [email protected] CF99 1NA Rydym yn croesawu derbyn gohebiaeth yn Gymraeg. Byddwn yn ateb gohebiaeth a dderbynnir yn Gymraeg yn Gymraeg ac ni fydd gohebu yn Gymraeg yn arwain at oedi. We welcome receiving correspondence in Welsh. Any correspondence received in Welsh will be answered in Welsh and corresponding in Welsh will not lead to a delay in responding. HEALTH AND SOCIAL CARE (QUALITY AND ENGAGEMENT) (WALES) BILL STAGE 2 GOVERNMENT AMENDMENTS This table provides information about the amendments tabled in the name of Vaughan Gething AM on 14 January 2020. No. GOVERNMENT AMENDMENT GWELLIANT Y LLYWODRAETH PURPOSE AND EFFECT 4 Section 2, page 2, after line 34, Adran 2, tudalen 2, ar ôl llinell 34, The purpose and effect of the amendment insert— mewnosoder— is to give the Welsh Ministers power to ‘(5) The Welsh Ministers may ‘(5) The Welsh Ministers may issue statutory guidance to Local Health issue guidance to Local issue guidance to Local Boards about the statutory duty of quality in Health Boards in relation Health Boards in relation section 2 and the associated reporting to the requirements to the requirements requirements. imposed by this section. imposed by this section. Local Health Boards are placed under a (6) Each Local Health Board (6) Each Local Health Board statutory duty to have regard to guidance must have regard to any must have regard to any that is issued by the Welsh Ministers. guidance issued under guidance issued under subsection (first subsection subsection (yr is-adran to be inserted by this gyntaf a fewnosodir gan amendment).”’. y gwelliant hwn).”’. 5 Section 2, page 3, after line 12, Adran 2, tudalen 3, ar ôl llinell 12, The purpose and effect of the amendment insert— mewnosoder— is to give the Welsh Ministers power to ‘(5) The Welsh Ministers may ‘(5) The Welsh Ministers may issue statutory guidance to NHS Trusts in issue guidance to NHS issue guidance to NHS Wales about the statutory duty of quality in trusts in relation to the trusts in relation to the section 2 and the associated reporting requirements imposed by requirements imposed by requirements. this section. this section. (6) Each NHS trust must have (6) Each NHS trust must have NHS Trusts are placed under a statutory regard to any guidance regard to any guidance duty to have regard to guidance that is issued under subsection issued under subsection issued by the Welsh Ministers. (first subsection to be (yr is-adran gyntaf a inserted by this fewnosodir gan y gwelliant amendment).”’. hwn).”’. 1 No. GOVERNMENT AMENDMENT GWELLIANT Y LLYWODRAETH PURPOSE AND EFFECT 6 Section 2, page 3, after line 30, Adran 2, tudalen 3, ar ôl llinell 31, The purpose and effect of the amendment insert— mewnosoder— is to give the Welsh Ministers power to ‘( ) The Welsh Ministers may ‘( ) The Welsh Ministers may issue statutory guidance to Welsh Special issue guidance to Special issue guidance to Health Authorities about the statutory duty Health Authorities in Special Health Authorities in of quality in section 2 and the associated relation to the requirements relation to the requirements reporting requirements. imposed by this section. imposed by this section. ( ) Each Special Health ( ) Each Special Health Special Health Authorities are placed under Authority must have Authority must have a statutory duty to have regard to guidance regard to any guidance regard to any guidance that is issued by the Welsh Ministers. issued under subsection issued under subsection (yr (first subsection to be is-adran gyntaf a fewnosodir inserted by this gan y gwelliant hwn).’. amendment).’. 7 Section 2, page 3, line 31, leave out Adran 2, tudalen 3, llinell 32, hepgorer The purpose of this amendment is to make ‘Subsections (1) and (3) do’ and insert ‘Subsections (1) and (3) do’ a a technical drafting change to remove the ‘This section does’. mewnosoder ‘This section does’. words “Subsections (1) and (3) do” and replace them with the words “This section does” as a consequence to the amendment 6. The effect of the amendment is technical in nature and does not change the original interpretation of this subsection which provides that the duty of quality does not apply to cross-border special health authorities. 8 Section 26, page 12, line 9, leave out Adran 26, tudalen 12, llinell 11, The purpose of the amendment is to ‘expedient’ and insert ‘appropriate’. hepgorer ‘hwylus’ a mewnosoder remove the word “expedient” from section ‘briodol’. 26 and replace it with the word “appropriate”. The effect of the amendment is to make 2 No. GOVERNMENT AMENDMENT GWELLIANT Y LLYWODRAETH PURPOSE AND EFFECT this substitution, which would give Welsh Ministers power, by regulations, to make supplementary, incidental or consequential provision; or transitory, transitional or saving provision where they consider it necessary or appropriate for the purposes of the Act. 9 Schedule 1, page 13, line 15, leave Atodlen 1, tudalen 13, llinell 14, The purpose of the amendment is to out— hepgorer— remove the stated wording in paragraph 2 ‘as its chairing member, ‘yn aelod-gadeirydd iddo, of Schedule 1 and replace it with the new (b) a person appointed as (b) person a benodir yn wording that includes the chief executive of deputy to the chairing ddirprwy i’r aelod- the Citizen Voice Body as a member of the member, and gadeirydd, ac Board. (c) at least 7 but not more (c) o leiaf 7 ond dim mwy The effect of the amendment is therefore to than 9 other persons na 9 person arall a make the chief executive of the Citizen appointed as its other benodir yn aelodau Voice Body, who is the Body’s accounting members. eraill iddo. officer, a board member. (2) The members are to be (2) Gweinidogion Cymru sydd i appointed by the Welsh benodi’r aelodau. The Board will continue to have a chair and Ministers. (3) Mae aelod yn dal swydd am a deputy chair appointed by the Welsh (3) A member holds office for unrhyw gyfnod, ac ar unrhyw Ministers. such period, and on such delerau ac amodau, a bennir terms and conditions, as may yn nhelerau’r penodiad, ond The number of additional members that be specified in the terms of mae hyn yn ddarostyngedig may be appointed by the Welsh Ministers is the appointment, but this is i’r darpariaethau a ganlyn yn decreased from between 7 and 9 to subject to the following y Rhan hon. between 6 and 8, to ensure that the overall provisions of this Part. (4) Ni chaniateir i gyfnod y size of the board remains the same. (4) The period of office specified swydd a bennir yn nhelerau in a member’s terms of penodiad aelod fod yn hwy The effect of subparagraph (2) is to name appointment may not exceed na 4 blynedd. the members who are appointed by the 4 years. (5) Caniateir i berson sydd wedi Welsh Ministers “non-executive members”. (5) A person who has held office dal swydd fel aelod gael ei as a member may be ailbenodi, unwaith yn unig 3 No. GOVERNMENT AMENDMENT GWELLIANT Y LLYWODRAETH PURPOSE AND EFFECT reappointed, once only (and (ac mae is-baragraff (4) yn subparagraph (4) applies in gymwys mewn perthynas â’r relation to the appointment).’ penodiad).’ and insert— a mewnosoder— ‘by the Welsh Ministers as its chairing ‘gan Weinidogion Cymru yn aelod- member, gadeirydd iddo, (b) a person appointed by (b) person a benodir gan the Welsh Ministers as Weinidogion Cymru yn deputy to the chairing ddirprwy i’r aelod- member, gadeirydd, (c) at least 6 but not more (c) o leiaf 6 ond dim mwy than 8 other persons nag 8 person arall a appointed by the benodir gan Welsh Ministers, and Weinidogion Cymru, a (d) its chief executive (see (d) ei brif weithredwr paragraph 7). (gweler paragraff 7). (2) In this Schedule, the (2) Yn yr Atodlen hon, cyfeirir ar members appointed by the y cyd at yr aelodau a benodir Welsh Ministers are gan Weinidogion Cymru fel collectively referred to as “aelodau anweithredol”.’. “non-executive members”.’. 10 Schedule 1, page 13, line 27, leave out Atodlen 1, tudalen 13, llinell 26, The purpose of this amendment is to insert ‘, or holding office, as a’ and insert ‘as hepgorer ‘, neu ddal swydd fel aelod,’ the words “as a non-executive” in place of a non-executive’. a mewnosoder ‘anweithredol’. the words “or holding office as a member of”. The amendment is proposed as the Bill as introduced disqualified all staff members from being board members. However, amendment 9 seeks to make the chief executive of the Citizen Voice Body a board member. The effect of the 4 No. GOVERNMENT AMENDMENT GWELLIANT Y LLYWODRAETH PURPOSE AND EFFECT amendment is therefore that staff members are disqualified from appointment as non- executive members only. This allows the chief executive to be a staff member and also a board member which is necessary as a result of amendment 9.