Health Bill

The Committee decided to focus on a number of matters in the Health Bill which it considers are capable of raising significant human rights issues. These relate to:

€ The duty in the NHS Constitution on healthcare staff not to discriminate and to adhere to equality and human rights legislation;

€ Whether private bodies providing health services funded by direct payments are public authorities for the purposes of section 6 of the Human Rights Act 1998 and, if not, how individuals receiving such services may seek redress for breaches of their human rights;

€ Whether the procedure allowing the Secretary of State to terminate the employment of NHS Trust Directors complies with procedural fairness requirements (Article 6(1) ECHR); and

€ The role of the Local Commissioner in investigating complaints by users of privately funded and arranged adult social care, and whether the procedure satisfies the common law and Article 6(1) ECHR procedural fairness requirements.

The Committee has now reported on this Bill, in its Eleventh Report of Session 2008-09 and its Fourteenth Report of Session 2008-09.