BMJ 2013;347:f7597 doi: 10.1136/bmj.f7597 (Published 18 December 2013)
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NEWS Care Bill could lead to “backdoor” reconfiguration of NHS services, says BMA Clare Dyer BMJ
The Care Bill, which includes a controversial government amendment making it easier to reconfigure NHS services in England without full public consultation, has had its second reading in the House of Commons and has gone through to the committee stage. The government put down the amendment to the bill, which started in the House of Lords, after losing a legal challenge in the High Court and the Court of Appeal.
The courts ruled in a case involving Lewisham Hospital in south London that the existing law did not allow a trust special administrator appointed to deal with a failing hospital to recommend downgrading services at a neighbouring trust as part of the package.1 The amendment, clause 118 of the bill, would allow services at successful trusts to be shut or downgraded on the recommendation of a special administrator at a nearby failing trust, without the usual consultation with patients and public and the approval of local clinical commissioning groups.2 But the health secretary, Jeremy Hunt, confirmed during the debate that the new clause would not apply retrospectively to Lewisham Hospital.
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The second reading debate is an opportunity for MPs to debate the main principles of the bill. Those opposing clause 118 are expected to try to remove it by amendments during the committee stage. The BMA argues that the new clause could allow the regime for failing trusts to become an avenue for “backdoor” reconfiguration. In a briefing paper it said, “At the very least the clause should be redrafted to ensure that all those affected by the trust special administrator’s recommendation should be consulted and if not then this clause should be deleted.”
Rachael Maskell, head of health at the trade union Unite, which has 100 000 health service members, said, “What Jeremy Hunt is attempting to do is to achieve by a parliamentary sleight of hand what he failed to do through the courts.” 1 2
Dyer C, Torjesen I. Health secretary loses court battle over Lewisham Hospital. BMJ 2013;347:f6558. Dyer C. Late amendment to Care Bill “moves the goalposts” in fight over Lewisham Hospital, lawyer says. BMJ 2013;347:f6324.
Cite this as: BMJ 2013;347:f7597 © BMJ Publishing Group Ltd 2013
Subscribe: http://www.bmj.com/subscribe
Page 1 of 1
News
NEWS Care Bill could lead to “backdoor” reconfiguration of NHS services, says BMA Clare Dyer BMJ
The Care Bill, which includes a controversial government amendment making it easier to reconfigure NHS services in England without full public consultation, has had its second reading in the House of Commons and has gone through to the committee stage. The government put down the amendment to the bill, which started in the House of Lords, after losing a legal challenge in the High Court and the Court of Appeal.
The courts ruled in a case involving Lewisham Hospital in south London that the existing law did not allow a trust special administrator appointed to deal with a failing hospital to recommend downgrading services at a neighbouring trust as part of the package.1 The amendment, clause 118 of the bill, would allow services at successful trusts to be shut or downgraded on the recommendation of a special administrator at a nearby failing trust, without the usual consultation with patients and public and the approval of local clinical commissioning groups.2 But the health secretary, Jeremy Hunt, confirmed during the debate that the new clause would not apply retrospectively to Lewisham Hospital.
For personal use only: See rights and reprints http://www.bmj.com/permissions
The second reading debate is an opportunity for MPs to debate the main principles of the bill. Those opposing clause 118 are expected to try to remove it by amendments during the committee stage. The BMA argues that the new clause could allow the regime for failing trusts to become an avenue for “backdoor” reconfiguration. In a briefing paper it said, “At the very least the clause should be redrafted to ensure that all those affected by the trust special administrator’s recommendation should be consulted and if not then this clause should be deleted.”
Rachael Maskell, head of health at the trade union Unite, which has 100 000 health service members, said, “What Jeremy Hunt is attempting to do is to achieve by a parliamentary sleight of hand what he failed to do through the courts.” 1 2
Dyer C, Torjesen I. Health secretary loses court battle over Lewisham Hospital. BMJ 2013;347:f6558. Dyer C. Late amendment to Care Bill “moves the goalposts” in fight over Lewisham Hospital, lawyer says. BMJ 2013;347:f6324.
Cite this as: BMJ 2013;347:f7597 © BMJ Publishing Group Ltd 2013
Subscribe: http://www.bmj.com/subscribe
