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    Is secondary legislation the new primary legislation? Perhaps the least surprising element of yesterday’s speech was the lack of legislation concerning the NHS directly; this has become standard practice in recent years. Why, then, a relatively minimalist legislative programme and what does this say about the future prospects for primary legislation and, in particular, the reform of the NHS this parliament? The Brexit effect The Queen’s 65th speech to Parliament comes just five weeks ahead of the referendum the UK’s membership of the EU. Little else has occupied minds at Westminster in recent months and many policy developments, not least […]
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    Dear Reader If you happened to have taken a peek at an earlier post you may have been moved to think that a. Section 75 is already lost b. it doesn’t really matter anyway However, I would urge you to pay good attention to Lord Phil Hunt in this regard. As Shadow Health Lead in the Lords he has taken the initiative to request and obtain the vital Pray Debate which takes place on Wednesday 24th. IF WON, THIS VOTE CANNOT BE OVERTURNED BY THE COMMONS. SECTION 75 RALLY, 26th MARCH Far from being an ‘it will make little difference’ […]
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    9 & 10 GEO. 5. CH. 21. An Act to establish a Ministry of Health to exercise in England and Wales powers with respect to Health and Local Government, and confer upon the Chief Secretary certain powers with respect to Health in Ireland , and for purposes connected therewith. Be it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal , and Commons, in this present Parliament assembled, and by the authority of the same, as follows :  For the purpose of promoting the health of the people throughout […]
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    Legal status of Public Health Section 1 of the Health and Social Care Act 2012 reads as follows Secretary of State’s duty to promote comprehensive health service (1)The Secretary of State must continue the promotion in England of a comprehensive health service designed to secure improvement— (a) in the physical and mental health of the people of England, and (b) in the prevention, diagnosis and treatment of physical and mental illness. (2)For that purpose, the Secretary of State must exercise the functions conferred by this Act so as to secure that services are provided in accordance with this Act. (3)The […]
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    The Care Bill is about to start its legislative scrutiny – initially in the Lords.  The Bill has some worthwhile parts and will not be as contentious and divisive as the Health and Social Care Act.  The real problems are not addressed. Labour is still working out its position as regards how to fund adequate social care and even to adopt a free at the point of need approach as with healthcare.  But there is an immediate and growing crisis now in social care and the coalition is determined to try and divert our attention from this – since it […]
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    A BILL TO RE-ESTABLISH THE NATIONAL HEALTH SERVICE ACCORDING TO ITS FOUNDING PRINCIPLES AND MAKE VARIOUS PROVISIONS FOR THE IMPROVEMENT OF THE PUBLIC HEALTH AND THE QUALITY OF HEALTH CARE EXPLANATORY BRIEF SUMMARY The NHS was a set of institutions through which the UK would pursue the health of the people as a social goal by deploying a committed body of health professionals and health workers to the service of socially owned organisations democratically accountable to the people. Health would be improved by addressing the determinants of health and also by providing health care free at the time of use, […]
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    The vote to pass the S75 Regulations was very similar to the many previous votes.  Warm words from the Minister taken to be more important than the words in the actual legislation; bogus and distracting arguments missing the key point; passion from those that defend the NHS; confusion from some; vested interests protected shamelessly –  then the LibDems trooping through to support the government.  The wider public struggle to understand the real issue, and the media gives it little or no coverage. The Regulations just fill out what was already in the Act – a one way journey to a […]
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    In April 2011 when many were still sanguine about the Health and Social Care Bill the SHA set out at length the dangers posed to the NHS. We said: The Health and Social Care Bill is not about putting patients and clinicians in charge, reducing bureaucracy and ending top down micro management.  It is a blueprint for a different NHS, based on competition through a regulated market. The newly appointed Chair of the Regulator has said that NHS services will increasingly be opened up to competition, including on price, based on what occurred for the regulated utilities. The Health Minister […]
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    You may have seen/heard that in response to an Urgent Question from Andy Burnham today, Norman Lamb confirmed that the Government is intending to re-write the section 75 regulations.  Due to Parliamentary procedures this means that amended regulations are tabled which override the current ones (as opposed to withdrawing these).  However, for all intents and purposes and for ease of public consumption, the Government will replace these regulations with amended ones. Lamb gave explicit assurances in answer to questions that the regulations would not result in full competitive tendering of services and that Monitor would not be able to compel […]
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    PLEASE ACT NOW TO SAVE THE NHS! Right now, the government is trying to sneak through secondary legislation (under Section 75 of the Health & Social Care Act) to force virtually every part of the NHS to be opened up to compulsory competitive markets, open to the private sector. We have just over a month to stop them, and we need to start straight away. These regulations (SI 257) are likely to be the final straw for many of our NHS hospitals and clinics, already damaged by too much costly marketisation and cuts. The new regulations  render the content of the […]
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    This article was originally posted on the “Open Democracy” site here.   The government today released its amended regulations on NHS procurement after considerable outrage from campaigners and parliamentarians over what appeared clear breaches of agreements. But is the government still going ahead with compulsory NHS competition? This afternoon, the government published revised regulations under Section 75 of the Health & Social Care Act 2012. The government has hastily re-written these regulations, the first draft of which would have forced commissioners to open just about every part of the NHS up to private sector competition. Howls of protest from grassroots groups, healthcare professionals, all the RoyalColleges, all the unions, […]
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    The Government has published the new version of the Section 75 Regulations governing commissioning of NHS services.  It appears that the changes to Regulations 5 and 10 have indicated to Monitor that they must take a slightly broader view than was previously implied. Award of a new contract without a competition 5.—(1) A relevant body may award a new contract for the provision of health care services for the purposes of the NHS to a single provider without advertising an intention to seek offers from providers in relation to that contract where the relevant body is satisfied that the services […]
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