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Save our NHS: response to MPs letters

September 8th, 2011 by

Over the last few days a number of MPs have have criticsed the 38 Degrees legal opinion. This blog contains a response to some of the most commonly written objections. The original comments are shown in black and comments have been added in red.

The concerns of 38 Degrees members remain and include:

  • The loss of the duty to provide on the Secretary of State;
  • The removal of accountability from the Secretary of State and the impact of the “hands off clause”;
  • Severance between the duty to provide and the duty to promote a comprehensive health service in England;
  • The potential impact of competition law on the NHS, given that it is even more likely to apply under the Bill; and
  • Increased administrative and financial burden on commissioning consortia due to the application of procurement law and the impact of this given the expertise and deep pockets of private companies.

38 Degrees will not be distracted by criticism of them or by implied criticism of their advisers. Our concerns, as demonstrated by this response, remain the vitally important issues raised by the Bill.

You can download the PDF here: Download File

Response to Stephen Phillips MP QC’s letter to constituents

Response to Stephen Phillips MP QC’s letter to constituents

Update:

You can find the PDF here: Download File

Here’s a response to Guy Opperman’s recent blog about our legal advice.

Response to Guy Opperman

Posted in 38 Degrees Blog Posts

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  • D J Hunter

    I thought you’d be interested to see the response from my MP William Hague which contains the following attempt to discredit the legal advice 38 Degrees received:

    ‘I am unsure as to the basis of the latest concerns expressed by 38 Degrees. First, 38 Degrees suggests that the Health and Social Care Bill ‘removes the Secretary of State’s duty to provide’.  However, 38 Degrees’ own legal advice states that the SoS has never had such a duty to provide – only a duty to promote – a comprehesive health service.  This duty remains unchanged by the Health and Social Care Bill, as it has since 1946.  I would like to assure you that the SoS will retain overall accountability for the NHS.

    Second, 38 Degrees suggests that the Bill opens up the NHS to competition law. However, once again 38 Degrees’ own legal advice states that competition law applies to the NHS, and the Health and Social Care Bill does nothing to change how domestic or European competition law is applied.

    I hope you agree with me that 38 Degrees’s concerns are without foundation, as their own legal advice has confirmed.’   

  • http://twitter.com/RobHopcott Rob Hopcott

    I’ve emailed the House of Lords Information Office to ask for a list of Lords who are interested in the Health and Social Care Bill and also a list of Lords who are interested in issues relating to our parliamentary democracy not working. The automatic email response said they will respond within 10 days.

    Whilst browsing the House of Lords web site, I noticed that one of the reasons for contacting Lords about parliamentary bills includes where constituents are not satisfied with the responses of their MPs perhaps due to their MP following the  party line instead of dealing with the facts of the case.

    I also discovered that Lords are not bound by geographic constituency but choose for themselves areas of interest that may relate to their expertise.

    Interestingly, the House of Lords has an interactive blog on which the public are invited to comment. It may be that Lords are rather more approachable and helpful to the public than MPs in the House of Commons.

  • Mike Bullas

    When reading the comment by D J Hunter I had the feeling that the words sounded familiar. Here is a quote from the letter I received today from my MP Mike Penning in response to my expression of concerns about NHS reforms.

    ‘I am unsure as to the basis of the latest concerns expressed by 38
    Degrees. First, 38 Degrees suggests that the Health and Social Care Bill
    ‘removes the Secretary of State’s duty to provide’.  However, 38
    Degrees’ own legal advice states that the SoS has never had such a duty
    to provide – only a duty to promote – a comprehensive health service. 
    This duty remains unchanged by the Health and Social Care Bill, as it
    has since 1946.  I would like to assure you that the Secretary of State will retain
    overall accountability for the NHS.

    Second, 38 Degrees suggests
    that the Bill opens up the NHS to competition law. However, once again
    38 Degrees’ own legal advice states that competition law applies to the
    NHS, and the Health and Social Care Bill does nothing to change how
    domestic or European competition law is applied.

    I hope you agree with me that 38 Degrees’s concerns are without foundation, as their own legal advice has confirmed.’

  • http://twitter.com/RobHopcott Rob Hopcott

    I just received this from the House of Lords Information Office:

    ‘Thank you for your email.
    The
    Information Office is unable to recommend Members for you to contact
    regarding a particular issue, as we are required to remain completely
    impartial. However, a good way of establishing which Member is likely to
    be willing
    to represent your views in the Chamber is to watch the second reading
    debate on the Bill and see which Members participate in the debate at
    that stage. Second reading of the Health and Social Care Bill is
    scheduled to take place on 11 October and we be available
    to watch online via the Parliament website:

    http://www.parliamentlive.tv/Main/Live.aspx

    A transcript of the debate will also be available through the Parliament website the day after the debate:

    http://www.parliament.uk/business/publications/hansard/lords/

    Best wishes,’

    My conclusion is that, unfortunately, I suspect it will be a bit too late by then.It just seems that the odds are stacked against the good guys at every turn :-(

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