"Provision as to Wales." (f) SCHEDULE VII. On the consideration of this Schedule the Committee decided that Sections 72 and 73 of the Act of 1911 and subsections (4) of Section 2 of the Act of 1920 should be left outstanding. To effect this the following amendments are required: Seventh Schedule, page 149, line 16, after "sixty-four" in the third column insert "sections seventy-two and seventy-three." Seventh Schedule, page 150, line 17, after " Act" in the third column insert except subsection (4) of Section two and subsection (1) of Section twenty-one (g) CLAUSE 56. The Committee decided to insert in subsection (1) a new paragraph (iv) with the object of making it clear that a married woman who has ceased to be employed is to be entitled to such additional benefits, if any, as are provided by any scheme made by her approved society. As consequential on this it is necessary in subsection (3) to make it clear that if a married woman again becomes employed she is to have the same additional benefits as those to which she would have been entitled if she had never married and ceased to be employed, that is to say, that for the purpose of additional benefits she is not to be treated as a new entrant when she becomes re-employed. It is accordingly suggested that the subsection should be amended as follows: Clause 56, page 58, line 39, after "shall "insert" for the purpose "of determining her title to benefits other than additional benefits ". (h) CLAUSE 75. In connection with subsection (2) of this clause the Committee directed that words should be brought up to secure that, in cases where a scheme provides for reducing additional benefits on account of arrears, a corresponding modification shall be made in the provisions under which arrears operate to reduce, suspend or extinguish ordinary benefits. For this purpose the following amendment is suggested :— Clause 75, page 81, line 37. after "arrears" insert" and if it so provides shall make a corresponding modification in any regulations providing for the reduction, suspension or postponement of benefits (other than additional benefits) on account of arrears (j) CLAUSE 110. WALES. No actual decision appears to have been arrived at by the Committee as to the actual form of the amendment, if any, which was to be made for the purpose of making more explicit in the Bill the independence of Wales as a separate area for the purposes of National Health Insurance, though a suggestion was made by Lord Blanesburgh that this might be done by reproducing in the Bill Section 5 of the Ministry of Health Act, 1919, but limited to powers and duties of the Minister in relation to National Health Insurance. This section is to the following effect:: "5. The Minister shall, subject to the provisions of this Act, "appoint such officers as he may think fit to constitute a Board of "Health in Wales through whom he may exercice and perform in "Wales in such manner as he may think fit any of his powers and "duties; the Board and any officer who is a member thereof shall "act under the directions, and comply with the instructions, of the "Minister." It will be observed that though the section makes it obligatory on the Minister to constitute a Board of Health in Wales, it is left entirely to his discretion to decide which (if any) of his functions shall be exercised through the Board. If it is desired to meet the demand put forward on behalf of Wales, it is submitted for consideration that the following plan might be adopted : On page 35, after Part VIII (Application of Act to Northern Ireland), insert a new Part IX "Application to Wales ", consisting of (1) the present Clause 110 (which establishes a separate Insurance Fund for Wales), and (2) a new clause to the following effect: "131. Nothing in this Act shall affect the power of the Minister "Saving for Welsh Board "under Section five of the Ministry of Health Act. 1919, to exercise of Health." "and perform any of his powers and duties in Wales through the 9 & 10 Geo. 5. "Welsh Board of Health." c. 21. PART II. The Committee amended Clause 3 by omitting the words "remain an "insured person in line 24 of page 3 and substituting the words "be treated as an employed contributor ", and by inserting at the end of line 19 of page 4 the words "and shall during that period be deemed "to remain for all purposes a voluntary contributor ". The form of the amendment on page 3 was not that originally suggested in the Notes on the Bili, and on reconsideration it has been felt, in the first place, that it is unsatisfactory and inartistic to adopt a different form of language as respects employed contributors (subsection (1)) and voluntary contributors (subsection (2)), and, in the second place, that the amendment on page 3 is in itself open to criticism. As regards the latter point, it is submitted that it is essential to retain the word "insured", having regard to the fact that certain rights are given to persons under the Bill not as employed contributors but as "insured persons (e.g. Clauses 41 and 43, right to membership of an approved society), and further, it is at least arguable that there are some employed contributors who are not insured at all (viz. exempt persons), and thus the use of the words "employed contributor" might produce uncertain results. It is therefore suggested that for the words "be treated as an employed contributor" there should be substituted the words "be "treated as if he were an employed contributor insured under this "Act", and that in subsection (2) of Clause 3 the words in lines 15 and 16 "remain for all purposes an insured person "should be omitted. and that for the words which now appear at the end of that subsection "and shall during that period ", etc., there should be substituted "be "treated as if he were a voluntary contributor insured under this Act ". (1) CLAUSE 13. The Committee amended the proviso to subsection (5) of this clause by substituting for the words "for the purposes of this subsection ", the words "for the purpose of determining the rate and duration of benefit ". The reason for making this amendment is that the proviso to subsection (5) has in effect no connection with the opening part of the subsection, but is an independent provision. This being so, it is suggested that the words "Provided that " in line 20 should be omitted and the proviso made a separate subsection (6). (m) CLAUSE 17. The Committee amended subsection (1) of this clause so as to make it clear that it applies not to any benefit which is paid during the period when a beneficiary is in a workhouse, etc., but only to benefit which is payable in respect of such a period and which is also paid during such a period. The actual amendment made was to insert after "during" in 54244 C 3 line 24, of page 21, the words "and in respect of ". On reconsideration it has been felt that, though possibly the meaning of the subsection as so amended is ascertainable, it reads rather awkwardly, and that it would be better to re-draft it as follows: "No payment on account of sickness, disablement or maternity "benefit payable to any person in respect of any period when he "is an inmate of any workhouse, hospital, asylum, convalescent home "or infirmary supported by any public authority or out of any public "funds, or by a charity or voluntary subscriptions, shall be made “during any period when that person is such an inmate as "aforesaid ". The actual amendments required would be as follows: Clause 17, page 21, line 32, leave out "shall be made ". Clause 17, page 21, line 33, after "benefit" insert "payable". Clause 17, page 21, line 34, leave out from the beginning of line to "is" in line 35, and insert "in respect of any period when he ". Clause 17, page 21, line 38, after "subscriptions" insert "shall be "made during any period when that person is such an inmate as "aforesaid ". (n) CLAUSE 56. It is suggested that the following amendment might be made in this clause: Clause 56, page 58, line 23, leave out "remain" and insert "be treated "as if she were ". This really is no more than a drafting amendment, but is proposed for the following reason: Under the provisions of the Bill the only persons who can be insured are employed contributors and volurtary contributors. A married woman to whom this section applies is reither one nor the other, and it is therefore felt that (as in the case of Clause 3) it will be more accurate to say that she shall be "treated as if she were " an insured person, rather than that she shall "remain" an insured person. (0) CLAUSE 131. It is submitted for consideration whether the following drafting alterations might not with advantage be made in this clause: Page 135, line 8, after "requires" insert "the following "expressions have the meanings hereby assigned to them respectively, "that is to say ". Omit the words "The expression" wherever they occur at the beginning of the definitions in subsection (1) and re-arrange the definitions in alphabetical order. (p) TITLE. It is suggested that the word "National" should be inserted before "Health Insurance" in the Title. This has now become the stereotyped phrase for use in connection with the subject matter of the Bil (cf. the long titles of the Acts of 1918, 1920 and 1922). 30th April, 1924. W. M. GRAHAM HARRISON. The further consideration of the Draft Report (with Appendices and Memorandum) on outstanding Points is postponed. *The "Memorandum On outstanding Points" and amendments proposed therein, to the Amendments as set out in Appendix I are considered as follows (see Appendix I, page lvi, and Memorandum On outstanding Points, page lxiv). (a) Clause 9.-The proposed Amendment and Consequential Amendments are agreed to with the following amendment of the definition of "contribution week" in the definition Clause, viz. :— 66 66 Clause 131, page 136, line 7, at the end insert "(m) The expression contribution week' means the period of seven days commencing from the midnight between Sunday and "Monday," in lieu of the amendment here proposed (sec page lxv). (b) Clause 44.-The proposed amendment is agreed to with certain additional consequential amendments (see Minutes of Evidence, page 166, question 1414). (c) Clause 54.-The proposed amendment is agreed to. (d) Clause 61.-The proposed amendment is agreed to. (e) Clause 97.--The proposed amendment is agreed to with the following amendment, viz.: after "whether" to insert (see page lxvii). (f) Schedule VII.-The proposed amendments are agreed to. (g) Clause 56.-The proposed amendment is agreed to. or not " (h) Clause 75.-The proposed amendment is agreed to with the following amendment, viz.: to leave out "shall" and insert "may." 6) Clause 110.-The proposed amendments are agreed to. (k) Clause 3.-The proposed amendment is agreed to. (1) Clause 13.-The proposed amendment is agreed to. (m) Clause 17.-The proposed amendment is agreed to with a drafting amendment (see Appendix I). (n) Clause 56.-The proposed amendment is agreed to. (0) Clause 131-The proposed amendment is agreed to. (p) In the Title.-The proposed amendment is agreed to. The Memorandum, as amended, is agreed to. The Draft Report on the National Health Insurance Bill [H.L.] is again read. It is moved to insert the following new paragraph therein : "The Committee were furnished with a Table of Comparisons which "shows the mode in which the Bill deals with the enactments which are proposed to be repealed thereby. The Committee considered it "would be useful if this table were prefixed to the Bill before being "again considered by Parliament, and they have accordingly directed "that this should be done." and that a like paragraph be inserted in the reports on all Consolidation Bills considered by the Committee. The same is agreed to. Appendix II of the Report is read and agreed to with drafting amend ments. Appendix I of the Report is read and agreed to with the amendments made necessary by the adoption of Appendix II as amended. The Draft Report, with the appendices and Memorandum On outstanding Points is again read and agreed to as amended. Ordered,―That the Lord in the Chair do make the Report to the House of Lords and that Sir Malcolm Macnaghten do make the report to the House of Commons. The National Health Insurance Bill [H.L.] is again considered. The Clauses of the Bill with the amendments proposed in the Memorandum are again read and agreed to. It is then moved to insert the following amendments: In the Memorandum prefixed to the Bill, at the end, insert "The "following Table of Comparison shows how each section of the existing "Statutes relating to National Health Insurance is dealt with in the "Bill". 54214 Note. For amendments in final form, see Appendix I, P. vi. C 4 In the Title, after the second "to" insert "National ". Clause 3, page 3, line 23, after the second "the" insert "contribution ". Clause 3, page 4, line 17, after the second "contribution 66 Clause 3, page 4, at the end of subclause (2) insert in place of the amendment already made "be treated as if he were a voluntary con"tributor insured under this Act". (See Proceedings, 26th March, page .) Clause 9, page 7, line 39, leave out "such ". Clause 9, page 8, lines 6 and 10, leave out "such ". 6 (10) In Clause 9, page 10, line 5, leave out subsection (10) and insert " "this section the expression week' means a contribution week ". Clause 13, page 14, line 20, leave out "Provided that " and make this paragraph a new subsection (6). Clause 15, page 17, line 28, after "of " insert "contribution ". Clause 17, page 21, line 32, leave out subsection (1) and insert: "(1) No payment (a) on account of sickness or disablement benefit in respect "of any period when the insured person is an inmate "of any workhouse, hospital, asylum, convalescent "home or infirmary, supported by any public authority or out of any public funds or by a charity or I voluntary subscriptions; or 66 (b) on account of maternity benefit in respect of the con"finement of a woman where the woman is at the time "of the confinement such an inmate as aforesaid; "shall be made during any period when the insured person or "the woman, as the case may be, is such an inmate as "aforeseaid ". Clause 19, page 24, lines 9 and 10, and as set out below: Leave out "Great Britain and Northern Ireland" and insert "the United "Kingdom ". Clause 19, page 24, lines 25 and 26. Clause 19, page 24, line 41. Clause 19, page 25, lines 3 and 4. Clause 19, page 25, line 11. Clause 19, page 25, line 15. Clause 20, page 26, lines 42 and 43. Clause 20, page 26, line 44. Clause 20, page 27, line 1. Clause 20, page 27, line 9. Clause 44, page 48, line 36. Clause 44, page 48, lines 40 and 41. Clause 57, page 60, line 29. Clause 58, page 62, line 3. Clause 59, page 63, line 6. Clause 62, page 68, lines 27 and 28. Clause 64, page 70, lines 26 and 27. Clause 64, page 70, line 31. Clause 131, page 136, line 26. |