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Health and Care Bill - Sitting 5

14 September 2021

Proposing MP
South East Cornwall
Type
Public Bill Committee

At a Glance

Issue Summary

The statement addresses the composition of the NHS England board and proposes amendments to ensure diversity, equality, and representation of various stakeholders. The statement addresses amendments to define the composition of the NHS England board to better align with new requirements set out in the Health and Care Bill. The statement discusses the governance of NHS England's board appointments and the legal name change for the NHS Commissioning Board. Sheryll Murray discusses amendments to restore duties on the Secretary of State for providing health services under the National Health Service Act 2006. The statement discusses amendments and new clauses in the Health and Care Bill regarding the promotion and definition of the NHS. The speaker supports restoring a duty in healthcare legislation and criticises the lack of clarity and accountability in the Health and Care Bill. Sheryll Murray discusses the Health and Care Bill, specifically addressing amendments related to the role and responsibilities of the Secretary of State in relation to NHS services. Sheryll Murray is addressing amendments to clause 3 of the Health and Care Bill regarding the mandate given to NHS England. The speaker discusses the NHS mandate and its role in providing stability and certainty to the healthcare system. Sheryll Murray discusses concerns about the Health and Care Bill and proposes amendments to improve clarity and accountability in funding and planning for the NHS. The statement addresses amendments to clause 3 of the Health and Care Bill that aim to revise how NHS England's statutory mandate is set and reviewed. Sheryll Murray is discussing several amendments related to NHS England's decision-making processes and the integration of health inequalities considerations. Alex Norris discusses health inequalities and proposes amendments to prioritize addressing these disparities in the Health and Care Bill. The statement discusses the importance of addressing health inequalities and integrating health and care services to improve population health. Sheryll Murray is discussing health inequalities in relation to the Health and Care Bill's triple aim duty. Sheryll Murray discusses patient safety, health inequalities, and the need for legislative changes to address these issues.

Action Requested

Sheryll Murray supports the amendment by Justin Madders which aims to change the makeup of the NHS England Board to include representatives from Directors of Public Health, Local Government Association, patients' interests, NHS staff, and Integrated Care Partnership. She also proposes that appointments must have due regard to diversity, equality, and conflict of interest.

Key Facts

  • The amendment seeks to add non-executive members representing different stakeholders on the NHS England Board.
  • Appointments should consider at least five persons for each role with reasons published.
  • No individual with a conflict of interest can be considered for appointment.
  • The amendment seeks to define the composition of the NHS England board.
  • It proposes that at least one non-executive director is appointed through an independent process rather than by the Secretary of State alone.
  • Concerns are raised about recent questionable behaviour around appointments and a perception of cronyism.
  • The Bill seeks to update governance arrangements for NHS England post-covid recovery.
  • Clause 1 changes the legal name of NHS Commissioning Board to NHS England.
  • Schedule 1 contains consequential amendments in another Act.
  • Amendment 37 seeks to replace 'it' with 'the Secretary of State'.
  • New clause 20 restores section 1 of the NHS Act 2006.
  • New clause 21 outlines extensive duties for the Secretary of State to provide various health services.
  • The amendments aim to address changes made in the Health and Social Care Act 2012.
  • New clause 20 seeks to ensure the Secretary of State continues to promote a comprehensive health service in England.
  • Section 1(3) of the National Health Service Act 2006 has been amended previously due to similar debates.
  • The Government is considering binning the Lansley Act.
  • There is a concern about the Secretary of State having too much power over healthcare in constituencies.
  • An amendment is proposed to clarify duties and responsibilities.
  • The amendments aim to redefine the boundaries of what the NHS does.
  • Specialised services are commissioned for patients with rare cancers, genetic disorders, and complex medical conditions.
  • Clause 2 ensures that the Secretary of State can require NHS England to commission specialised services through joint or delegated working arrangements or by directing integrated care boards.
  • Amendment 20 would add subsection (6) to clause 3.
  • The proposed subsection would require the Secretary of State to provide a funding statement with any mandate presented to Parliament.
  • The NHS still has to request funding annually from the Treasury.
  • The NHS had an effective deficit of £5 billion in the year before the pandemic.
  • Widely published evidence suggests that inadequate funding led to a decline in performance indicators and the NHS's position in international rankings.
  • Impact assessments are rarely provided with statutory instruments on covid measures.
  • Amendment 19 aims to require urgent changes to be explained with written statements and impact assessments.
  • The amendment highlights the need for clarity on how funding is allocated between the NHS and social care.
  • Richard Murray from the King’s Fund suggests setting clearer medium-term objectives for the NHS and multi-year settlements.
  • Clause 3 aims to increase the effectiveness of the statutory mandate as a long-term strategic tool.
  • Amendment 19 would potentially prevent democratic adjustment of the mandate except in response to urgent or unforeseen circumstances.
  • The government published an impact assessment for line-by-line consideration of the Bill.
  • NHS England’s capital and revenue resource allocations will continue to be set annually and given statutory effect by annual financial directions.
  • Amendments 21-26 aim to modify NHS England's functions and integrated care boards to prioritise health inequalities.
  • New clause 13 requires the Secretary of State to publish a report setting targets for population health improvement and reduction of health inequalities every five years, with annual progress reports.
  • Half of all health inequalities are driven by smoking.
  • Life expectancy increase has stalled for the first time in a century due to austerity measures.
  • There is an 18-year gap in healthy life expectancy between the best-off and worst-off communities.
  • People from Gypsy or Irish Traveller, Bangladeshi, and Pakistani communities have the poorest health outcomes.
  • The UK loses approximately 1,400 children a year before age 15 due to poverty and deprivation.
  • Health inequalities have been an issue since the Black report in the early 1980s.
  • The pandemic highlighted disparities in vaccine uptake and health service engagement among different communities.
  • The 2006 Act provides existing duties on the Secretary of State around improving public health and reducing health inequalities.
  • NHS bodies have statutory duties to consider reducing health inequalities in their functions.
  • An Office for Health Improvement and Disparities will launch at the beginning of October within the Department.
  • A cross-Government ministerial group is being created with a remit to identify and tackle wider determinants of poor health.
  • The Medicines and Medical Devices Act 2021 is referenced.
  • Five-year timeframe proposed in new clause 13 is seen as too rigid by Murray.
  • Amendment 21 aims to elevate population health over system interests.
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