National Health Laboratory Service Amendment Bill B version: Negotiating Mandate

Community Development (WCPP)

25 September 2018
Chairperson: Ms L Botha (DA)
Share this page:

Meeting Summary

Documents: National Health Laboratory Service Bill [B15B-2017]National Health Laboratory Service Amendment Bill [B15-2017]

 

 

The Western Cape Standing Committee on Community Development met to consider the province’s negotiating mandates on the National Health Laboratory Service Amendment Bill [B15B-2017]. Members of the DA voted in favour of the Bill, with all of the proposed amendments from the Provincial Department of Health. Members of the ANC were not in favour of the Bill with amendments, but were in favour of the Bill without amendments as given to the Committee initially. The Bill with amendments was adopted by three votes from Members of the DA, to two votes by Members of the ANC. The ANC asked if their minority view and reasons for not supporting the Bill with amendments could be put on the record.

The adoption of the draft Committee minutes for 28 August was deferred, while the minutes for 11 and 12 September were considered and adopted.

Meeting report

The Chairperson said they had received all the inputs on the National Health Laboratory Service Bill, and they had had the public hearings, the deliberations with the national and provincial Departments of Health, and with the legal advisors from Parliament and the Departments. They were ready to go through the Bill clause by clause.

Ms P Makeleni (ANC) asked if they had received replies from the national Department over some matters where they wanted clarity.

The Committee Coordinator said they had not received a response.

The Committee went through the Bill clause by clause.

The Chairperson then put the Bill in its entire format to the Committee.

The legal advisor for the Department of Health said they did not want the part related to diagnostic health laboratory services to be repealed.

The Chairperson asked if “Sections” and “Clauses” are the same thing.

A provincial Parliamentary legal advisor said that Clause 1 in the Bill referred to Section 1 of the Act. The Bill comprised Clauses, and when it became an Act, they became Sections.

Ms M Gillion (ANC) said that the Department cannot merely say they do not want something in the Bill -- they need to provide reasons for it.  

The Chairperson said they had had the input from the Department of Health before this Committee. This just pertains to supporting, supporting with amendments, or not supporting.

Ms Gillion asked what the procedure would be if they did not support the Department.

The Chairperson said at the end of going through the Bill clause by clause, Members of the Committee had to say whether they supported or did not support the Bill.

Ms Makeleni asked if the Department was going to guide the Committee through their proposals and then make a decision.

The Chairperson said that was what was going to happen.

Mr D Mitchell (DA) asked if the Department had already submitted their proposals in writing when they were due.

The Chairperson confirmed that the Department did do so.

Ms Gillion asked if the Department had decided to submit their proposals without the Committee.

The Chairperson said that was the public process, and the Department could give input before it even came to the Committee. Members of the Committee had received those documents from the Department.

The Department said one of their amendments was related to Clause 4.

The Chairperson asked if the Members of the Committee had gone through a document which was circulated to them with the Department’s proposed amendments.

Ms Makeleni asked for it to be noted that she did not agree with all of amendments as proposed by the Department. She said she supported the proposals from the national Department of Health (DoH).

Mr Mitchell proposed that they support the Bill with the amendments, as proposed by the Department.

Ms Gillion seconded Ms Makeleni in saying that the Committee noted the Department’s input, but they support the Bill as presented to the Committee by the national DoH.

Mr B Kivedo (DA) seconded the proposal by Mr Mitchell.

The Committee voted on the two proposals.

Ms Makeleni asked for clarification on whether supporting the Bill meant exclusively supporting all of the amendments.

The Committee Coordinator said that it was expected from the Members to know what the proposed amendments are about, then they Members either support the Bill with amendments or they do not support the amendments. If there are amendments in the clauses that Members support, they can outline those. The Department was also here to provide clarity to Members if they have any questions.

The Chairperson put the Bill with the proposed amendments to the Committee. The Chairperson, Mr Mitchell and Mr Kivedo voted in favour of this proposal.

The Chairperson put the Bill without amendments to the Committee. Ms Gillion and Ms Makeleni voted in favour of this proposal.

The Chairperson said that the report of the Standing Committee on Community Development on the National Health Service Laboratory Bill [B15B-2017], National Council of Provinces (NCOP), dated 25 September 2018, was as follows:

  • The Standing Committee on Community Development, having considered the subject of the National Health Laboratory Services Bill [B15B-2017] NCOP, referred to the Provincial Parliament in terms of the rules of the NCOP, recommends that the House confers on the Western Capes delegation to the NCOP the authority to support the Bill with amendments.

Ms Gillion asked if the minority view could be included in that.

Ms Makeleni said that the amendments must also be included. She agreed with Ms Gillion that the minority view of the ANC should be expressed -- that they do not agree with the amendments, as they seek to support the national DoH.

The Chairperson said they would not take that, as they had that input already. The minority view could be expressed, but that input had been made already.

Ms Makeleni said the Chairperson usually asked for reasons as to why they were differing. She said these amendments were giving too much leeway to the private use of government resources which the government did not have. The amendments also do not assist them in as to who must appoint the Board, because it just said no individual can have that right, of which it is a standard, including the provincial Board, that is appointed by the Minister.

The Chairperson thanked the legal advisors and the Department for their time

Consideration and Adoption of Committee minutes

28 August 2018

Ms Makeleni said the minutes do not include all of the recommendations raised by the Committee at the meeting.

The Committee Coordinator said when the Committee is considering Bills, that is usually when the Department gives its submissions. In this case, it was done the other way around because the Department mentioned that in 2015 they had made submissions, and those submissions were not considered in this B version of the Bill.

Mr Mitchell proposed that the consideration and adoption of these minutes to be deferred.

11 September 2018

Mr Mitchell moved to adopt the minutes.

Ms D Gopie (ANC) seconded the proposal.

12 September 2018

Mitchell moved to adopt the minutes.

Mr Kivedo seconded the adoption.

The Chairperson said reference to Mr Kivedo in the minutes should be changed from an “additional” member to an “alternative” member.

Ms Makeleni asked for guidance about an incident where the person who had given the presentation had said that Members of the Committee should not have deliberated among themselves at that public hearing.

Mr Mitchell said that as public representatives, they represented the public at any meeting. He thought this had been aimed at him when he made an input, because his constituency in Beaufort West could not be present at the meeting.

Members of the Committee and the Committee Coordinator discussed the meeting and the legislative process further.

Ms Gillion said that Members of the Committee were not supposed to give inputs at public hearings. Their role was to listen to the public.

Committee matters

Ms Gillion asked if they could ask the Department of Health if they trained all of their hospital boards.

The Chairperson said that those questions from Members of the Committee which had not been asked should be sent to the Committee Coordinator.

The Chairperson proposed inviting the Department of Health to the Committee on 24 October 2018, from 09h00 to 11h00, if the Department was available on that date.

The Members of the Committee agreed.

The meeting was adjourned.

Documents

No related documents

Download as PDF

You can download this page as a PDF using your browser's print functionality. Click on the "Print" button below and select the "PDF" option under destinations/printers.

See detailed instructions for your browser here.

Share this page: