Commission for Social Care Inspection (Hansard, 15 July 2003)

§ Chris Grayling
To ask the Secretary of State for Health what the scale of fees to be paid in different cases224W and different classes of case will be under clause 83(3) of the Health and Social Care (Community Health and Standards) Bill. [122931]

§ Dr. Ladyman
It would be for the Commission for Social Care Inspection (CSCI) to determine any scale of fees to be paid under clause 84 (formerly 83) of the Health and Social Care (Community Health and Standards) Bill. Before making any such provision, CSCI must consult such persons as appear to it to be appropriate.

§ Chris Grayling
To ask the Secretary of State for Health what criteria the Government have set for the right of entry to be considered necessary or expedient under clause 86(1) of the Health and Social Care (Community Health and Standards) Bill; and if personal records inspected under the right of entry will be protected under the Data Protection Act 1998 under clause 85(1)(a). [122953]

§ Dr. Ladyman
The Commission for Social Care Inspection will determine what conditions will be considered necessary or expedient under clause 87(1) (formerly clause 86(1)).

§ Chris Grayling
To ask the Secretary of State for Health whether the CSCI will be required to give notice where it requires a person to provide it with any information, records or other items under clause 87(1) of the Health and Social Care (Community Health and Standards) Bill; where a person is required to provide the CSCI with any information or records (including personal records), whether these will be protected under the Data Protection Act; and where the CSCI requires a person to provide it with information, records and other items, whether the Government will put in place safeguards to ensure that only records, with particular reference to those held on computer, which are relevant to an investigation are requested and that an individual's right to privacy is protected. [122965]

§ Dr. Ladyman
We expect that Commission for Social Care Inspection (CSCI) will normally obtain information by agreement. Where it exercises the power in clause 88 (formerly clause 87) to require the provision of information or documents, we expect that it will normally do so in writing.
Individuals' rights to privacy will be protected by the common law duty of confidentiality and the Data Protection Act 1998. Under clause 88 (1)(b), CSCI may only request information and documents which it considers necessary or expedient to have for the purposes of chapter 5.