Committee for Health & Social Care - P.2019/3
The States are asked to decide:
Whether, after consideration of the Policy Letter entitled 'Health and Care Regulation in the Bailiwick', dated 7th January 2019, they are of the opinion:
1. To agree that there should be a phased establishment of a structured, independent and proportionate statutory regulatory regime of health and care for the Bailiwick of Guernsey, which includes the following elements:
a) a regulatory regime overseen by an independent Commission;
b) provisions of the existing Regulation of Health Professions (Enabling Provisions) (Guernsey)
Law, 2012 (which would be repealed and replaced); and appropriate provisions to save the
effect of Ordinances and subordinate legislation made under or referred to in that Law or
otherwise relating to the medical and health professions;
c) Ordinances and other subordinate legislation to regulate persons, premises and systems
involved in providing health and care services within the Bailiwick; and
d) consultation with the relevant committees of the States of Alderney and the Chief Pleas of Sark,
as appropriate;
2. To agree that the regulatory regime of health and care for the Bailiwick of Guernsey shall be implemented by and under a Bailiwick-wide enabling Law;
3. To direct the Committee for Health & Social Care to begin work on a prioritised programme to develop regulatory standards and/or identify designated accreditation schemes for health and care services as appropriate, in consultation with providers, service users and other relevant stakeholders;
4. To agree that the Committee is to report back to the States in due course with proposals to direct the preparation of Ordinances made under a general enabling Law to give effect to regulatory standards and designated accreditation schemes in respect of particular services, and to otherwise regulate these services (persons, premises and systems as appropriate);
5. To agree that all reasonable opportunities should be pursued to achieve a joint Commission with Jersey;
6. To agree that the Commission should be established by the Committee for Health & Social Care on a 'shadow' basis until it is fully constituted in law, and to direct the Policy & Resources Committee to take account of the costs of operating the Commission when recommending Cash Limits for the Committee forHealth & Social Care for 2020 and subsequent years;
7. To rescind the resolutions from Article XI of Billet d'État XX 2007 in respect of Residential and Nursing Homes and to direct the Committee forHealth & Social Care to establish suitable and effective regulatory standards for care homes and care agencies under the Law described in Proposition 1 pursuant to its prioritised programme of work; and
8. To direct the preparation of such legislation as may be necessary to give effect to the above Propositions.
The above Propositions have been submitted to Her Majesty's Procureur for advice on any legal or constitutional implications in accordance with Rule 4(1) of the Rules of Procedure of the States of Deliberation and their Committees.
