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(09.00 - 09.10)

1.

The Committee's Forward Work Programme

Supporting documents:

Minutes:

1.1 Members agreed to invite the Older People’s Commissioner for Wales to a scrutiny session in January 2016. The purpose of the session would be to seek the Commissioner’s view on the progress made to date on implementing the recommendations of the Committee’s report on residential care for older people (December 2012) and the Commissioner’s subsequent care home review (November 2014).

 

(09.10)

2.

Introductions, apologies and substitutions

Minutes:

2.1 No apologies were received.

(09.10 - 12.30)

3.

Regulation and Inspection of Social Care (Wales) Bill - Stage 2 - consideration of amendments

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

Minutes:

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)

In favour

Against

Abstain

Altaf Hussain

Alun Davies

 

Elin Jones

John Griffiths

 

Darren Millar

Lynne Neagle

 

Lindsay Whittle

Gwyn Price

 

Kirsty Williams

David Rees

 

As the vote was tied, the Chair used his casting vote in the negative (in accordance with SO 6.20(ii)). Therefore amendment 127 was not agreed.

 

Amendment 128 (Lindsay Whittle)

In favour

Against

Abstain

Altaf Hussain

Alun Davies

 

Elin Jones

John Griffiths

 

Darren Millar

Lynne Neagle

 

Lindsay Whittle

Gwyn Price

 

Kirsty Williams

David Rees

 

As the vote was tied, the Chair used his casting vote in the negative (in accordance with SO 6.20(ii)). Therefore amendment 128 was not agreed.

 

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)

In favour

Against

Abstain

Altaf Hussain

Alun Davies

 

Elin Jones

John Griffiths

 

Darren Millar

Lynne Neagle

 

Lindsay Whittle

Gwyn Price

 

Kirsty Williams

David Rees

 

As the vote was tied, the Chair used his casting vote in the negative (in accordance with SO 6.20(ii)). Therefore amendment 130 was not agreed.

 

Amendment 131 (Lindsay Whittle)

In favour

Against

Abstain

Altaf Hussain

Alun Davies

 

Elin Jones

John Griffiths

 

Darren Millar

Lynne Neagle

 

Lindsay Whittle

Gwyn Price

 

Kirsty Williams

David Rees

 

As the vote was tied, the Chair used his casting vote in the negative (in accordance with SO 6.20(ii)). Therefore amendment 131 was not agreed.

 

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)

In favour

Against

Abstain

Altaf Hussain

Alun Davies

 

Elin Jones

John Griffiths

 

Darren Millar

Lynne Neagle

 

Lindsay Whittle

Gwyn Price

 

Kirsty Williams

David Rees

 

As the vote was tied, the Chair used his casting vote in the negative (in accordance with SO 6.20(ii)). Therefore amendment 134 was not agreed.

 

Amendment 135 (Lindsay Whittle)

In favour

Against

Abstain

Altaf Hussain

Alun Davies

 

Elin Jones

John Griffiths

 

Darren Millar

Lynne Neagle

 

Lindsay Whittle

Gwyn Price

 

Kirsty Williams

David Rees

 

As the vote was tied, the Chair used his casting vote in the negative (in accordance with SO 6.20(ii)). Therefore amendment 135 was not agreed.

 

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)

In favour

Against

Abstain

Altaf Hussain

Alun Davies

 

Elin Jones

John Griffiths

 

Darren Millar

Lynne Neagle

 

Lindsay Whittle

Gwyn Price

 

Kirsty Williams

David Rees

 

As the vote was tied, the Chair used his casting vote in the negative (in accordance with SO 6.20(ii)). Therefore amendment 136 was not agreed.

 

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)

In favour

Against

Abstain

Altaf Hussain

Alun Davies

 

Elin Jones

John Griffiths

 

Darren Millar

Lynne Neagle

 

Lindsay Whittle

Gwyn Price

 

Kirsty Williams

David Rees

 

As the vote was tied, the Chair used his casting vote in the negative (in accordance with SO 6.20(ii)). Therefore amendment 141 was not agreed.

 

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)

In favour

Against

Abstain

Alun Davies

Altaf Hussain

 

John Griffiths

Darren Millar

 

Elin Jones

 

 

Lynne Neagle

 

 

Gwyn Price

 

 

David Rees

 

 

Lindsay Whittle

 

 

Kirsty Williams

 

 

Amendment 23 was agreed.

 

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)

In favour

Against

Abstain

Altaf Hussain

Alun Davies

 

Elin Jones

John Griffiths

 

Darren Millar

Lynne Neagle

 

Lindsay Whittle

Gwyn Price

 

Kirsty Williams

David Rees

 

As the vote was tied, the Chair used his casting vote in the negative (in accordance with SO 6.20(ii)). Therefore amendment 142 was not agreed.

 

Amendment 143 (Lindsay Whittle)

In favour

Against

Abstain

Elin Jones

Alun Davies

 

Lindsay Whittle

John Griffiths

 

Kirsty Williams

Altaf Hussain

 

 

Darren Millar

 

 

Lynne Neagle

 

 

Gwyn Price

 

 

David Rees

 

Amendment 143 was not agreed.

 

Amendment 43 (Mark Drakeford)

In favour

Against

Abstain

Alun Davies

Altaf Hussain

 

John Griffiths

Darren Millar

 

Elin Jones

 

 

Lynne Neagle

 

 

Gwyn Price

 

 

David Rees

 

 

Lindsay Whittle

 

 

Kirsty Williams

 

 

Amendment 43 was agreed.

 

Amendment 110 (Altaf Hussain) 

In favour

Against

Abstain

Altaf Hussain

Alun Davies

 

Elin Jones

John Griffiths

 

Darren Millar

Lynne Neagle

 

Lindsay Whittle

Gwyn Price

 

Kirsty Williams

David Rees

 

As the vote was tied, the Chair used his casting vote in the negative (in accordance with SO 6.20(ii)). Therefore amendment 110 was not agreed.

 

Amendment 111 (Altaf Hussain) 

In favour

Against

Abstain

Altaf Hussain

Alun Davies

 

Elin Jones

John Griffiths

 

Darren Millar

Lynne Neagle

 

Lindsay Whittle

Gwyn Price

 

Kirsty Williams

David Rees

 

As the vote was tied, the Chair used his casting vote in the negative (in accordance with SO 6.20(ii)). Therefore amendment 111 was not agreed.

 

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)

In favour

Against

Abstain

Altaf Hussain

Alun Davies

 

Darren Millar

John Griffiths

 

Kirsty Williams

Elin Jones

 

 

Lynne Neagle

 

 

Gwyn Price

 

 

David Rees

 

 

Lindsay Whittle

 

Amendment 112 was not agreed.

 

Amendment 144 (Lindsay Whittle)

In favour

Against

Abstain

Elin Jones

Alun Davies

 

Lindsay Whittle

John Griffiths

 

Kirsty Williams

Altaf Hussain

 

 

Darren Millar

 

 

Lynne Neagle

 

 

Gwyn Price

 

 

David Rees

 

Amendment 112 was not agreed.

 

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)

In favour

Against

Abstain

Altaf Hussain

Alun Davies

 

Elin Jones

John Griffiths

 

Darren Millar

Lynne Neagle

 

Lindsay Whittle

Gwyn Price

 

Kirsty Williams

David Rees

 

As the vote was tied, the Chair used his casting vote in the negative (in accordance with SO 6.20(ii)). Therefore amendment 145 was not agreed.

 

Amendment 146 (Lindsay Whittle)

In favour

Against

Abstain

Altaf Hussain

Alun Davies

 

Elin Jones

John Griffiths

 

Darren Millar

Lynne Neagle

 

Lindsay Whittle

Gwyn Price

 

Kirsty Williams

David Rees

 

As the vote was tied, the Chair used his casting vote in the negative (in accordance with SO 6.20(ii)). Therefore amendment 146 was not agreed.

 

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)

In favour

Against

Abstain

Alun Davies

Altaf Hussain

 

John Griffiths

Darren Millar

 

Elin Jones

 

 

Lynne Neagle

 

 

Gwyn Price

 

 

David Rees

 

 

Lindsay Whittle

 

 

Kirsty Williams

 

 

Amendment 66 was agreed.

 

Amendment 113 (Altaf Hussain)

In favour

Against

Abstain

Altaf Hussain

Alun Davies

 

Darren Millar

John Griffiths

 

 

Elin Jones

 

 

Lynne Neagle

 

 

Gwyn Price

 

 

David Rees

 

 

Lindsay Whittle

 

 

Kirsty Williams

 

Amendment 113 was not agreed.

 

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

Amendment 68A (Altaf Hussain) 

In favour

Against

Abstain

Altaf Hussain

Alun Davies

 

Elin Jones

John Griffiths

 

Darren Millar

Lynne Neagle

 

Lindsay Whittle

Gwyn Price

 

Kirsty Williams

David Rees

 

As the vote was tied, the Chair used his casting vote in the negative (in accordance with SO 6.20(ii)). Therefore amendment 68A was not agreed.

 

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

Amendment 114 (Altaf Hussain) 

In favour

Against

Abstain

Altaf Hussain

Alun Davies

 

Elin Jones

John Griffiths

 

Darren Millar

Lynne Neagle

 

Lindsay Whittle

Gwyn Price

 

Kirsty Williams

David Rees

 

As the vote was tied, the Chair used his casting vote in the negative (in accordance with SO 6.20(ii)). Therefore amendment 114 was not agreed.

 

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.

 

 

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