, Finance Committee
Health and Social Care (Wales) Bill: Evidence session
Yes.
, Finance Committee
Health and Social Care (Wales) Bill: Evidence session
So, everything I've just said is what led us to that point, really. We saw that we had a dysfunctional market. We saw that there is a growing evidence base as to why that market is dysfunctional. We have something like, in Wales—I believe I'm right, Alistair…
, Finance Committee
Health and Social Care (Wales) Bill: Evidence session
Okay, thank you for that question. So, a relatively short question, but a lot in that, in terms of how we've arrived at where we are. So, I think it's important to start by saying that the choice to eliminate profit has to be seen in the much wider context of…
, Finance Committee
Health and Social Care (Wales) Bill: Evidence session
Diolch.
, Finance Committee
Health and Social Care (Wales) Bill: Evidence session
Thank you. On my right—.
, Finance Committee
Health and Social Care (Wales) Bill: Evidence session
Indeed, yes. Thank you. Thank you, Chair. So, I'm Dawn Bowden. I'm the Minister for Social Care, and to my left—.
, Legislation, Justice and Constitution Committee
Health and Social Care (Wales) Bill: Evidence session with the Member in charge
Thank you.
, Legislation, Justice and Constitution Committee
Health and Social Care (Wales) Bill: Evidence session with the Member in charge
Diolch yn fawr.
, Legislation, Justice and Constitution Committee
Health and Social Care (Wales) Bill: Evidence session with the Member in charge
We have.
, Legislation, Justice and Constitution Committee
Health and Social Care (Wales) Bill: Evidence session with the Member in charge
No, at this stage, I don't see that. What I was talking about in the Health and Social Care Committee was the transformation of children's services, which is a raft, if you like, a suite of policies that we are implementing to change the way that children…
, Legislation, Justice and Constitution Committee
Health and Social Care (Wales) Bill: Evidence session with the Member in charge
—it's just important to say, Sam, that, of course, the introduction of continuing healthcare payments for—. Direct payments have been in place for around 10 years in England, so, arguably, this is a tried and tested procedure that we didn't feel we needed to…
, Legislation, Justice and Constitution Committee
Health and Social Care (Wales) Bill: Evidence session with the Member in charge
I think, probably—
, Legislation, Justice and Constitution Committee
Health and Social Care (Wales) Bill: Evidence session with the Member in charge
Okay. I think, Tracy, you can perhaps deal with that.
, Legislation, Justice and Constitution Committee
Health and Social Care (Wales) Bill: Evidence session with the Member in charge
So, the individual—. As I say, because it's about an individual child, that would not normally—. As Ministers, we quite often have to make decisions, based on current legislation, around placement of individual children and reasons for doing that, and none of…
, Legislation, Justice and Constitution Committee
Health and Social Care (Wales) Bill: Evidence session with the Member in charge
Well, because the direction relates specifically to a supplementary placement—. Sorry, moving back: this relates directly to a local authority's decision on a supplementary placement, and, because it's about an individual looked-after child, we didn't feel…
, Legislation, Justice and Constitution Committee
Health and Social Care (Wales) Bill: Evidence session with the Member in charge
So, at this stage, Sam, we saw this very much as a technical power to ensure that the provisions of the Bill function effectively, and, on that basis, considered it was appropriate to be subject to the negative procedure. It was as simple as that, really.
, Legislation, Justice and Constitution Committee
Health and Social Care (Wales) Bill: Evidence session with the Member in charge
Thank you for that, Alun. I understand exactly what you're saying and where you're coming from and how that would appear. We are, as you would appreciate, on a very, very tight legislative timescale, and that is something that we're very conscious of. This is…
, Legislation, Justice and Constitution Committee
Health and Social Care (Wales) Bill: Evidence session with the Member in charge
Well, you're quite right: in this Bill, the term 'public good' is about the welfare of children, and it's the collective rather than the individual responsibility. So, I'm very clear about why that terminology has been used in the way that it has been used…
, Legislation, Justice and Constitution Committee
Health and Social Care (Wales) Bill: Evidence session with the Member in charge
I hope that won't be the case, Alun, because I think, as I say, we have put an awful lot on the face of this Bill, and we've been very clear about the policy objectives, and very clear about the need for certain flexibilities in terms of why certain things…
, Legislation, Justice and Constitution Committee
Health and Social Care (Wales) Bill: Evidence session with the Member in charge
Yes, I think we are. The Welsh Government's starting point is always that we should put as much as possible on the face of the Bill, and this Bill certainly does include a significant amount of detail on the face of the legislation. Where there are powers to…
, Legislation, Justice and Constitution Committee
Health and Social Care (Wales) Bill: Evidence session with the Member in charge
Okay. I'll ask Anthony if he could explain that.
, Legislation, Justice and Constitution Committee
Health and Social Care (Wales) Bill: Evidence session with the Member in charge
Oh, Mike's going to cover that side.
, Legislation, Justice and Constitution Committee
Health and Social Care (Wales) Bill: Evidence session with the Member in charge
Okay. Anthony.
, Legislation, Justice and Constitution Committee
Health and Social Care (Wales) Bill: Evidence session with the Member in charge
Okay, well, I'm going to happily hand over to a legal officer to deal with those issues. Anthony.
, Legislation, Justice and Constitution Committee
Health and Social Care (Wales) Bill: Evidence session with the Member in charge
That isn't something that we're planning to do at the moment because our focus is on bringing this new piece of primary legislation in. But, I think, as with any legislation where there is overlap, Alun, that's always something that Government has to keep an…
