Meetings

4.2a The Committee noted the correspondence.

NDM5893 Mark Drakeford (Cardiff West)

To propose that the National Assembly for Wales in accordance with Standing Order 26.47:

Approves the Regulation and Inspection of Social Care (Wales) Bill.

Supporting Documents
Regulation and Inspection of Social Care (Wales) Bill
Explanatory Memorandum

The item started at 16.12

NDM5893 Mark Drakeford (Cardiff West)

To propose that the National Assembly for Wales in accordance with Standing Order 26.47:

Approves the Regulation and Inspection of Social Care (Wales) Bill.

The motion was agreed in accordance with Standing Order 12.36.

The amendments will be disposed of in the order that the sections and schedules to which they relate were set out in the motion under Standing Order 26.36 as agreed by the Assembly on 10 November 2015.

The amendments have been grouped for the purposes of debate and the groupings will be debated as follows:

1. Meaning of “regulated service”

77, 103, 104, 102, 76

2. Fit and proper persons

78, 79, 83, 85, 86, 1, 91, 92, 94, 34

3. Duration of domiciliary support visits

80, 81, 84, 87, 93

4. Conditions for the grant of an application

82

5. Annual returns

88, 89, 90

6. Cautions

2, 3, 25, 36

7. Prohibition on zero hours contracts

95, 99, 100, 101

8. Whistleblowing

96, 98

9. Regulations about standards of care and support to be provided by a service provider

97

10. Lay reviewers

38, 39

11. Compliance with United Nations Principles and Conventions

40, 41, 67

12. Proceedings in respect of offences under Part 1

4

13. Technical and drafting corrections

5, 28, 10, 14

14. Commissioning of regulated services

74, 75

15. Registers kept or maintained by Social Care Wales

6, 20, 24, 31, 7, 8, 9, 11, 12, 13, 37, 35

16. Regulations regarding information relating to assessment of the financial sustainability of service providers

68

17. Rules, codes and guidance made by Social Care Wales under this Act

15, 16, 17, 18, 29, 30

18. Meaning of "social care worker"

19

19. Registration of social care workers with Social Care Wales

42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66

20. Registration

21, 22, 23

21.  Fitness to practise

26, 27

22.  Joint exercise of functions

32, 33

23. Procedures for making regulations and orders

69, 70, 71, 72, 73

Supporting Documents
Regulation and Inspection of Social Care (Wales) Bill
Explanatory Memorandum
Marshalled List of Amendments
Grouping of Amendments

The item started at 16.14

The amendments will be disposed of in the order that the sections and schedules to which they relate were set out in the motion under Standing Order 26.36 as agreed by the Assembly on 10 November 2015.

A vote was taken on Amendment 77:

As required by Standing Order 6.20 the Deputy Presiding Officer exercised his casting vote by voting against the amendment. Therefore, the amendment was not agreed.

As amendment 77 was not agreed, amendment 103 fell.

Amendment 104 was agreed, in accordance with Standing Order 12.36.

A vote was taken on Amendment 78:

As required by Standing Order 6.20 the Deputy Presiding Officer exercised his casting vote by voting against the amendment. Therefore, the amendment was not agreed.

A vote was taken on Amendment 79:

As required by Standing Order 6.20 the Deputy Presiding Officer exercised his casting vote by voting against the amendment. Therefore, the amendment was not agreed.

Amendment 80 was agreed, in accordance with Standing Order 12.36.

Amendment 81 was agreed, in accordance with Standing Order 12.36.

A vote was taken on Amendment 82:

As required by Standing Order 6.20 the Deputy Presiding Officer exercised his casting vote by voting against the amendment. Therefore, the amendment was not agreed.

A vote was taken on Amendment 83:

As required by Standing Order 6.20 the Deputy Presiding Officer exercised his casting vote by voting against the amendment. Therefore, the amendment was not agreed.

Amendment 84 was agreed, in accordance with Standing Order 12.36.

A vote was taken on Amendment 85:

As required by Standing Order 6.20 the Deputy Presiding Officer exercised his casting vote by voting against the amendment. Therefore, the amendment was not agreed.

A vote was taken on Amendment 86:

Amendment 86 was not agreed

Amendment 1 was agreed, in accordance with Standing Order 12.36.

Amendment 87 was agreed, in accordance with Standing Order 12.36.

Amendment 88 was agreed, in accordance with Standing Order 12.36.

Amendment 89 was agreed, in accordance with Standing Order 12.36.

Amendment 90 was agreed, in accordance with Standing Order 12.36.

As amendment 78 was not agreed, amendment 91 fell.

As amendment 78 was not agreed, amendment 92 fell.

Amendment 93 was agreed, in accordance with Standing Order 12.36.

A vote was taken on Amendment 94:

Amendment 94 was not agreed

Amendment 2 was agreed, in accordance with Standing Order 12.36.

Amendment 3 was agreed, in accordance with Standing Order 12.36.

A vote was taken on Amendment 95:

Amendment 95 was not agreed

A vote was taken on Amendment 96:

As required by Standing Order 6.20 the Deputy Presiding Officer exercised his casting vote by voting against the amendment. Therefore, the amendment was not agreed.

Amendment 97 was agreed, in accordance with Standing Order 12.36.

A vote was taken on Amendment 98:

As required by Standing Order 6.20 the Deputy Presiding Officer exercised his casting vote by voting against the amendment. Therefore, the amendment was not agreed.

A vote was taken on Amendment 38:

As required by Standing Order 6.20 the Deputy Presiding Officer exercised his casting vote by voting against the amendment. Therefore, the amendment was not agreed.

A vote was taken on Amendment 39:

As required by Standing Order 6.20 the Deputy Presiding Officer exercised his casting vote by voting against the amendment. Therefore, the amendment was not agreed.

A vote was taken on Amendment 40:

As required by Standing Order 6.20 the Deputy Presiding Officer exercised his casting vote by voting against the amendment. Therefore, the amendment was not agreed.

As amendment 40 was not agreed, amendment 41 fell.

As amendment 95 was not agreed, amendment 99 fell.

As amendment 95 was not agreed, amendment 100 fell.

Amendment 4 was agreed, in accordance with Standing Order 12.36.

Amendment 5 was agreed, in accordance with Standing Order 12.36.

A vote was taken on Amendment 74:

As required by Standing Order 6.20 the Deputy Presiding Officer exercised his casting vote by voting against the amendment. Therefore, the amendment was not agreed.

Amendment 6 was agreed, in accordance with Standing Order 12.36.

Amendment 68 was agreed, in accordance with Standing Order 12.36.

Amendment 75 was not moved.

Amendment 15 was agreed, in accordance with Standing Order 12.36.

Amendment 16 was agreed, in accordance with Standing Order 12.36.

Amendment 17 was agreed, in accordance with Standing Order 12.36.

Amendment 18 was agreed, in accordance with Standing Order 12.36.

Amendment 19 was agreed, in accordance with Standing Order 12.36.

Amendment 20 was agreed, in accordance with Standing Order 12.36.

Amendment 42 was withdrawn.

Amendment 43 was not moved

As amendment 42 was not agreed, amendment 44 fell.

As amendment 43 was not agreed, amendment 45 fell.

As amendment 42 was not agreed, amendment 46 fell.

As amendment 43 was not agreed, amendment 47 fell.

As amendment 42 was not agreed, amendment 48 fell.

As amendment 43 was not agreed, amendment 49 fell.

As amendment 42 was not agreed, amendment 50 fell.

As amendment 43 was not agreed, amendment 51 fell.

Amendment 52 was not moved.

As amendment 42 was not agreed, amendment 53 fell.

As amendment 43 was not agreed, amendment 54 fell.

As amendment 42 was not agreed, amendment 55 fell.

As amendment 43 was not agreed, amendment 56 fell.

Amendment 21 was agreed, in accordance with Standing Order 12.36.

Amendment 57 was not moved.

As amendment 42 was not agreed, amendment 58 fell.

As amendment 43 was not agreed, amendment 59 fell.

Amendment 22 was agreed, in accordance with Standing Order 12.36.

Amendment 23 was agreed, in accordance with Standing Order 12.36.

As amendment 42 was not agreed, amendment 60 fell.

As amendment 43 was not agreed, amendment 61 fell.

Amendment 62 was not moved

Amendment 24 was agreed, in accordance with Standing Order 12.36.

As amendment 42 was not agreed, amendment 63 fell.

As amendment 43 was not agreed, amendment 64 fell.

As amendment 42 was not agreed, amendment 65 fell.

As amendment 43 was not agreed, amendment 66 fell.

Amendment 25 was agreed, in accordance with Standing Order 12.36.

Amendment 26 was agreed, in accordance with Standing Order 12.36.

Amendment 27 was agreed, in accordance with Standing Order 12.36.

Amendment 28 was agreed, in accordance with Standing Order 12.36.

Amendment 29 was agreed, in accordance with Standing Order 12.36.

Amendment 30 was agreed, in accordance with Standing Order 12.36.

Amendment 31 was agreed, in accordance with Standing Order 12.36.

Amendment 7 was agreed, in accordance with Standing Order 12.36.

Amendment 8 was agreed, in accordance with Standing Order 12.36.

Amendment 9 was agreed, in accordance with Standing Order 12.36.

Amendment 10 was agreed, in accordance with Standing Order 12.36.

Amendment 11 was agreed, in accordance with Standing Order 12.36.

Amendment 12 was agreed, in accordance with Standing Order 12.36.

Amendment 13 was agreed, in accordance with Standing Order 12.36.

Amendment 14 was agreed, in accordance with Standing Order 12.36.

Amendment 32 was agreed, in accordance with Standing Order 12.36.

Amendment 33 was agreed, in accordance with Standing Order 12.36.

A vote was taken on Amendment 67:

As required by Standing Order 6.20 the Deputy Presiding Officer exercised his casting vote by voting against the amendment. Therefore, the amendment was not agreed.

Amendment 37 was agreed, in accordance with Standing Order 12.36.

Amendment 34 was agreed, in accordance with Standing Order 12.36.

As amendment 95 was not agreed, amendment 101 fell.

Amendment 35 was agreed, in accordance with Standing Order 12.36.

A vote was taken on Amendment 69:

As required by Standing Order 6.20 the Deputy Presiding Officer exercised his casting vote by voting against the amendment. Therefore, the amendment was not agreed.

A vote was taken on Amendment 70:

As required by Standing Order 6.20 the Deputy Presiding Officer exercised his casting vote by voting against the amendment. Therefore, the amendment was not agreed.

Amendment 102 was agreed, in accordance with Standing Order 12.36.

A vote was taken on Amendment 71:

As required by Standing Order 6.20 the Deputy Presiding Officer exercised his casting vote by voting against the amendment. Therefore, the amendment was not agreed.

A vote was taken on Amendment 72:

As required by Standing Order 6.20 the Deputy Presiding Officer exercised his casting vote by voting against the amendment. Therefore, the amendment was not agreed.

A vote was taken on Amendment 73:

As required by Standing Order 6.20 the Deputy Presiding Officer exercised his casting vote by voting against the amendment. Therefore, the amendment was not agreed.

Amendment 36 was agreed, in accordance with Standing Order 12.36.

Amendment 76 was agreed, in accordance with Standing Order 12.36.

All sections and schedules of the Bill were deemed agreed, concluding Stage 3 proceedings.

NDM5866 Jane Hutt (Vale of Glamorgan)

To propose that the National Assembly for Wales in accordance with Standing Order 26.36:

Agrees to dispose of sections and schedules to the Regulation and Inspection of Social Care (Wales) Bill at Stage 3 in the following order:

a) Section 2

b) Schedule 1

c) Sections 3 - 63

d) Section 1

e) Section 66

f) Schedule 2

g) Sections 67 – 174

h) Sections 64 – 65

i) Sections 175 – 184

j) Schedule 3

k) Sections 185 – 189

l) Long Title

The item started at 14.28

NDM5866 Jane Hutt (Vale of Glamorgan)

To propose that the National Assembly for Wales in accordance with Standing Order 26.36:

Agrees to dispose of sections and schedules to the Regulation and Inspection of Social Care (Wales) Bill at Stage 3 in the following order:

a) Section 2

b) Schedule 1

c) Sections 3 - 63

d) Section 1

e) Section 66

f) Schedule 2

g) Sections 67 – 174

h) Sections 64 – 65

i) Sections 175 – 184

j) Schedule 3

k) Sections 185 – 189

l) Long Title

The motion was agreed in accordance with Standing Order 12.36.

In accordance with Standing Order 26.21 the Committee will dispose of amendments to the Bill in the following order:

Sections 55 to 63; Section 1; Section 66; Schedule 2; Sections 67 to 173; Sections 64 to 65; Sections 174 to 183; Schedule 3; Sections 184 to 188; Long title.

Supporting documents:

Marshalled list of amendments

Groupings of amendments

In attendance:

Mark Drakeford AM, Minister for Health and Social Services

David Pritchard, Head of Regulation and Workforce Development, Welsh Government

Kate Johnson, Lawyer, Welsh Government

Mari Williams, Lawyer, Welsh Government

2.1 In accordance with Standing Order 26.21, the Committee disposed of the following amendments to the Bill:

Amendment 149 (Lindsay Whittle) was agreed in accordance with Standing Order 17.34(i).

Amendment 74 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 75 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 76 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 77 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 78 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 79 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 150 (Lindsay Whittle)

Amendment 151 (Lindsay Whittle)

Amendment 152 (Lindsay Whittle)

Amendment 80 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 81 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 82 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 83 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 84 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 85 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 86 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 87 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 159 (Kirsty Williams) was not moved.

Amendment 88 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 116 (Altaf Hussain) was withdrawn.

Amendment 117 (Altaf Hussain) was not moved.

As amendment 116 (Altaf Hussain) was withdrawn, amendment 118 (Altaf Hussain) fell.

As amendment 117 (Altaf Hussain) was not moved, amendment 119 (Altaf Hussain) fell.

As amendment 116 (Altaf Hussain) was withdrawn, amendment 120 (Altaf Hussain) fell.

As amendment 117 (Altaf Hussain) was not moved, amendment 121 (Altaf Hussain) fell.

As amendment 116 (Altaf Hussain) was withdrawn, amendment 122 (Altaf Hussain) fell.

As amendment 117 (Altaf Hussain) was not moved, amendment 123 (Altaf Hussain) fell.

Amendment 89 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 90 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 91 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 92 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 93 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 94 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 95 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 96 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 97 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 98 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 99 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 100 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 101 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 153 (Lindsay Whittle) was agreed in accordance with Standing Order 17.34(i).

Amendment 154 (Lindsay Whittle) was agreed in accordance with Standing Order 17.34(i).

Amendment 155 (Lindsay Whittle)

Amendment 124 (Altaf Hussain)

Amendment 105 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 106 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 107 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 108 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 102 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 103 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 104 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

As amendment 150 was not agreed, amendment 125 (Lindsay Whittle) fell.

2.2 All sections and schedules of the Bill were deemed agreed by the Committee.

In accordance with Standing Order 26.21 the Committee will dispose of amendments to the Bill in the following order:

Section 2; Schedule 1; Sections 3 to 63; Section 1; Section 66; Schedule 2; Sections 67 to 173; Sections 64 to 65; Sections 174 to 183; Schedule 3; Sections 184 to 188; Long title.

Supporting documents:

Marshalled list of amendments

Groupings of amendments

In attendance:

Mark Drakeford AM, Minister for Health and Social Services

David Pritchard, Head of Regulation and Workforce Development, Welsh Government

Kate Johnson, Lawyer, Welsh Government

Mari Williams, Lawyer, Welsh Government

3.1 Lindsay Whittle declared the following relevant interest under Standing Order 17.24A:

·         He is a member of Caerphilly County Borough Council.

3.2 In accordance with Standing Order 26.21, the Committee disposed of the following amendments to the Bill:

Amendment 126 (Lindsay Whittle) was agreed in accordance with Standing Order 17.34(i).

Amendment 127 (Lindsay Whittle)

Amendment 128 (Lindsay Whittle)

Amendment 156 (Lindsay Whittle) was not moved.

As amendment 127 was not agreed, amendment 157 (Lindsay Whittle) fell.

As amendment 128 was not agreed, amendment 158 (Lindsay Whittle) fell.

Amendment 129 (Lindsay Whittle) was withdrawn.

Amendment 1 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 2 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 109 (Altaf Hussain) was not moved.

Amendment 3 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 130 (Lindsay Whittle)

Amendment 131 (Lindsay Whittle)

Amendment 132 (Lindsay Whittle) was agreed in accordance with Standing Order 17.34(i).

Amendment 4 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 5 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 133 (Lindsay Whittle) was agreed in accordance with Standing Order 17.34(i).

Amendment 134 (Lindsay Whittle)

Amendment 135 (Lindsay Whittle)

Amendment 6 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 7A (Altaf Hussain) was not moved.

Amendment 7 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 136 (Lindsay Whittle)

Amendment 8A (Lindsay Whittle) was agreed in accordance with Standing Order 17.34(i).

Amendment 8B (Lindsay Whittle) was not moved.

Amendment 8 (as amended) (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

As amendment 8 was agreed, amendments 137 and 138 (Lindsay Whittle) fell.

Amendment 9 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

As amendment 130 was not agreed, amendments 139 and 140 (Lindsay Whittle) fell.

Amendment 10 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 11 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 12 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 13 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 14 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 15 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 16 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 17 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 141 (Lindsay Whittle)

Amendment 18 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 19 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 20 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 21 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 22 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 23 (Mark Drakeford)

Amendment 24 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 25 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 26 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 27 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 28 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 29 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 30 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 31 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 32 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 33 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 34 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 35 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 36 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 37 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 38 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 39 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 40 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 41 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 42 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 142 (Lindsay Whittle)

Amendment 143 (Lindsay Whittle)

Amendment 43 (Mark Drakeford)

Amendment 110 (Altaf Hussain) 

Amendment 111 (Altaf Hussain) 

Amendment 44 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 45 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 46 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 47 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 48 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 49 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 50 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 112 (Altaf Hussain)

Amendment 144 (Lindsay Whittle)

Amendment 51 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendments 52, 53 and 54 (Mark Drakeford) were agreed en bloc in accordance with Standing Order 17.34(i).

Amendment 55 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 56 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 57 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 145 (Lindsay Whittle)

Amendment 146 (Lindsay Whittle)

Amendments 58, 59 and 60 (Mark Drakeford) were agreed en bloc in accordance with Standing Order 17.34(i).

Amendment 61 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 62 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 63 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 64 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 65 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 66 (Mark Drakeford)

Amendment 113 (Altaf Hussain)

Amendment 67 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 68A (Altaf Hussain) 

Amendment 68 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 114 (Altaf Hussain) 

Amendment 69 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

As amendment 114 was not agreed, amendment 115 (Altaf Hussain) fell.

Amendment 70 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

Amendment 71 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

As amendment 142 was not agreed, amendment 147 (Lindsay Whittle) fell.

Amendment 72 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

As amendment 142 was not agreed, amendment 148 (Lindsay Whittle) fell.

Amendment 73 (Mark Drakeford) was agreed in accordance with Standing Order 17.34(i).

3.3 Section 2; Schedule 1; and sections 3 to 54 were deemed agreed. Further Stage 2 consideration will take place on Thursday 15 October 2015.

8.4a The Committee noted the response.

CYPE(4)-21-15 - Paper to note 3

4.3a The Committee noted the correspondence.

NDM5814 Mark Drakeford (Cardiff West)

To propose that the National Assembly for Wales in accordance with Standing Order 26.11:

Agrees to the general principles of the Regulation and Inspection of Social Care (Wales) Bill

The Regulation and Inspection of Social Care (Wales) Bill and Explanatory Memorandum were laid before the Assembly on 23 February 2015.

The report of the Health and Social Care Committee on the Regulation and Inspection of Social Care (Wales) Bill was laid before the Assembly on 3 July 2015.

Supporting Documents

Regulation and Inspection of Social Care (Wales) Bill

Explanatory Memorandum
Report of the Health and Social Care Committee
Report of the Constitutional and Legislative Affairs Committee
Letter from the Chair of Finance Committee to the Chair of the Health and Social Care Committee
Letter from the Minister for Health and Social Services, regarding the European Convention on Human Rights and the Regulation and Inspection of Social Care (Wales) Bill

The item started at 16.57

NDM5814 Mark Drakeford (Cardiff West)

To propose that the National Assembly for Wales in accordance with Standing Order 26.11:

Agrees to the general principles of the Regulation and Inspection of Social Care (Wales) Bill

The motion was agreed in accordance with Standing Order 12.36.

NDM5815 Jane Hutt (Vale of Glamorgan)

To propose that the National Assembly for Wales, for the purposes of any provisions resulting from the Regulation and Inspection of Social Care (Wales) Bill, agrees to any increase in expenditure of a kind referred to in Standing Order 26.69, arising in consequence of the Bill.

The item started at 17.56

NDM5815 Jane Hutt (Vale of Glamorgan)

To propose that the National Assembly for Wales, for the purposes of any provisions resulting from the Regulation and Inspection of Social Care (Wales) Bill, agrees to any increase in expenditure of a kind referred to in Standing Order 26.69, arising in consequence of the Bill.

The motion was agreed in accordance with Standing Order 12.36.

Note: Stage 2 proceedings on this Bill will only go ahead if the General Principles are agreed to on 14 July 2015.

1.1 The Committee agreed, in principle, the order of consideration for Stage 2 proceedings of the Regulation and Inspection of Social Care (Wales) Bill.

CLA(4)-18-15 – Paper 5 – RISC Report

2.1 The Committee considered and agreed the draft report subject to minor amendments.

CYPE(4)-18-15 – Paper to note 3

1.1 The Committee considered the draft report. It agreed to give consider the draft report further at its meeting on 25 June 2015.

Additional information from the Fostering Network

Additional information from the Older People’s Commissioner

Correspondence from the Minister for Health and Social Services – 3 June 2015

Correspondence from the Minister for Health and Social Services – 10 June 2015

Additional information from Children in Wales

Additional information from the NSPCC

Correspondence from the Finance Committee – 11 June 2015

6.2a The Committee noted the additional information.

Paper 3 – Draft letter

8.1 The Committee agreed the draft letter.

CLA(4)-15-15 – Paper 9 – Draft Report

Additional information from Carers Trust Wales

Additional information from Age Cymru

Additional information from Age Alliance Wales

Additional information from the British Association for Adoption and Fostering

3.2a The Committee noted the additional information from Carers Trust Wales, Age Cymru, Age Alliance Wales, and the British Association for Adoption and Fostering. It noted that additional information had also been received from the Fostering Network and the Older People’s Commissioner for Wales, which would be circulated to Members and published on the Bill webpage.

5.1 The Committee considered the evidence received.

Mark Drakeford AM, Minister for Health and Social Services

David Pritchard, Head of Regulation and Workforce Development

Kate Johnson, Lawyer

Mari Williams, Lawyer

Regulation and Inspection of Social Care (Wales) Bill

Explanatory Memorandum

2.1 The Minister responded to questions from Members.

2.2 The Minister agreed to:

• provide a note on routes of redress or appeal for service users in relation to eligibility assessments;
• provide a note on research commissioned by the Welsh Government on zero hours contracts, and setting out how the use of zero hours contracts in the social care sector might be addressed through the Bill; and
• write to the Secretary of State for Wales to ascertain the feasibility of introducing appropriate provisions in the Bill to protect individuals who wish to blow the whistle on poor practice which may put other individuals at risk. 

9.1 The Committee considered the evidence received.

9.2 The Committee agreed to write to foster careers organisations to seek their views on extending registration with Social Care Wales to foster careers.

Lin Slater, Aneurin Bevan University Health Board

Lynda Williams, Cwm Taf University Health Board

6.1 The witnesses responded to questions from Members.

Kate Chamberlain, Healthcare Inspectorate Wales

Nia Roberts, Healthcare Inspectorate Wales

5.1 The witnesses responded to questions from Members.

Samantha Clutton, Barnardo’s Cymru

Cecile Gwilym, NSPCC Wales

Catriona Williams, Children in Wales

4.1 The witnesses responded to questions from Members.

4.2 Catriona Williams and Cecile Gwilym agreed to provide the Committee with their views on whether the definition of a social care worker in the Bill is sufficiently clear.

4.3 Samantha Clutton and Cecile Gwilym agreed to provide the Committee with their views on how the Bill could be strengthened in relation to the commissioning of services by local authorities.

Professor Sally Holland, Children’s Commissioner for Wales

Hywel Dafydd, Children’s Commissioner for Wales

3.1 The witnesses responded to questions from Members.

3.2 The Children’s Commissioner agreed to provide the Committee with:

·         the findings from the Commissioners review of the commissioning of advocacy services; and

·         her views on section 57 of the Bill on local authorities functions in relation to looked after and accommodated children.

7.1a The Committee noted the correspondence.

8.1 The Committee noted the consultation responses, and considered the evidence received.

Rosanne Palmer, Age Alliance Wales

John Moore, My Home Life Cymru

3.1 The witnesses responded to questions from Members.

3.2 Dr Rosanne Palmer agreed to provide a note regarding:

·         the reservations of one member of Age Alliance Wales in relation to the extension of registration to the whole social care workforce; and

·         Age Alliance Wales’ views on ensuring the cost effectiveness of using lay inspectors.

3.3 The witnesses agreed to write to the Committee with a view on whether the Bill should provide that those involved in commissioning services and awarding contracts to private companies should be prevented from working for such companies within a specified time frame. 

Robin Moulster, British Association of Social Workers Cymru

5.1 The witness responded to questions from Members.

Loraine Brannan, ‘Justice for Jasmine’ Campaign Group

Pamela Cook, ‘Justice for Jasmine’ Campaign Group

Kelvyn Morris, ‘Justice for Jasmine’ Campaign Group

4.1 The witnesses responded to questions from Members.

4.2 The Committee agreed to write to the Minister for Health and Social Services to ask how the Bill would take account of Dr Margaret Flynn’s independent review of Operation Jasmine.

Sarah Rochira, Older People's Commissioner for Wales

2.1 The witness responded to questions from Members.

2.2 The Older People’s Commissioner agreed to provide the Committee with:

·         a copy of her letter to the Minister for Health and Social Services setting out her views on the Bill; and

·         case studies of the impact the Bill might have on older people in Wales.

6.3a The Committee noted the additional information from the Welsh Reablement, Wales Carers and Social Care and Wellbeing Alliances. It noted that the information was also endorsed by the Wales Alliance for Mental Health.

7.1 The Committee considered the evidenced received and agreed to write to the Chair of the Health and Social Care Committee.

Mark Drakeford AM, Minister for Health and Social Services

David Pritchard, Head of Regulation and Workforce Development, Social Services Legislation & Supporting Delivery Division, Welsh Government

Alison Machon, Head of Regulation and Inspection, Social Services Legislation & Supporting Delivery Division, Welsh Government

Paper 1 – Letter from the Minister for Health and Social Services to Chair

Paper 2 – Letter from Auditor General for Wales to Chair of Health and Social Care Committee

Research brief

3.1 The Committee took evidence from the Minister for Health and Social Services.

Colin Angel, UK Home Care Association

Melanie Minty, Care Forum Wales

Mike Rose, Domiciliary Care Association

4.1 The witnesses responded to questions from Members.

4.2 Apologies were received from the Domiciliary Care Association.

Ruth Crowder, Welsh Reablement Alliance

Jim Crowe, Disability Reference Group

Kieron Rees, Wales Carers Alliance

Tim Ruscoe, Social Care and Wellbeing Alliance Wales

Alun Thomas, Wales Alliance for Mental Health

3.1 The witnesses responded to questions from Members.

8.1 The Committee considered the evidence received.

Kelly Andrews, GMB

Ruth Crowder, UNISON

Mike Payne, GMB

5.1 The witnesses responded to questions from Members.

(Indicative time 13.30pm)

Mark Drakeford AM, Minister for Health and Social Services;

David Pritchard, Welsh Government;

Kate Johnson, Welsh Government;

CLA(4)-11-15 – Paper 1 – Statement of Policy Intent

CLA(4)-11-15 – Research Service Briefing

CLA(4)-11-15 – Legal Advice Note

The Committee took evidence from Mark Drakeford AM, Minister for Health and Social Services.

The Minister agreed to provide the Committee with further information in relation to section 55 and section 60(7) of the Bill.

Stewart Blythe, Welsh Local Government Association

Phil Evans, Association of Directors for Social Services Cymru

Sue Evans, Association of Directors for Social Services Cymru

3.1 The witnesses responded to questions from Members.

9.1 The Committee considered the evidence received.

Panel of lay inspectors

5.1 The witnesses responded to questions from Members.

Imelda Richardson, Care and Social Services Inspectorate Wales

David Francis, Care and Social Services Inspectorate Wales

4.1 The witnesses responded to questions from Members.

Gerry Evans, Care Council for Wales

Rhian Huws Williams, Care Council for Wales

6.1 The witnesses responded to questions from Members.

6.1 The Committee considered the evidence received.

6.2 The Committee agreed to write to the Minister for Health and Social Services to seek additional information in relation to the Regulation and Inspection of Social Care (Wales) Bill.

4.2a The Committee noted the correspondence from the Minister for Health and Social Services.

Mark Drakeford AM, Minister for Health and Social Services, Member in charge

David Pritchard, Head of Regulation and Workforce Development

Kate Johnson, Lawyer

Mari Williams, Lawyer

Regulation and Inspection of Social Care (Wales) Bill

Explanatory Memorandum

3.1 The Minister responded to questions from Members.

3.2 The Minister agreed to provide:

·         a note on any financial assessment, beyond that set out in the Explanatory Memorandum, that has been made in relation to whether to require the registration of domiciliary care workers and adult care home workers;

·         an outline of the information that is expected to be included in the local market stability reports that local authorities will be required to prepare and publish under section 144B of the Social Services and Well-being (Wales) Act 2014 (to be inserted by section 55 of the Bill);

·         an indication of the expected timescales for publication of draft regulations under section 60(6) and (7) relating to Ministers’ ability under section 60 to assess the financial sustainability of a service provider.

4.3a The Committee noted the correspondence from the Children, Young People and Education Committee.

2.1     The Committee considered the financial implications of the Regulation and Inspection of Social Care (Wales) Bill and agreed to invite the Minister for Health and Social Services in for further scrutiny.

CYPE(4)-08-15 – Private paper 3

The Committee considered a letter from the Health and Social Care Committee.  The Committee agreed to consider the written evidence received by the Health and Social Care Committee once the consultation closed.  The Committee would formally respond to the Health and Social Care Committee once it had considered that evidence.

6.1 The Committee considered and agreed its approach to Stage 1 scrutiny of the Bill.