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Health and Care Bill - Sitting 7
16 September 2021
Type
Public Bill Committee
At a Glance
Issue Summary
The amendment aims to mandate that integrated care boards and their sub-committees meet in public and publish all meeting papers at least five working days before each meeting. The speaker supports transparency in NHS governance, arguing against the need for secrecy. The Chair is discussing a parliamentary amendment related to integrated care boards' transparency and public involvement in decision-making. The speaker discusses an amendment to ensure integrated care boards adhere to collective agreements regarding staff pay, conditions, and pensions. The Chair discusses the Health and Care Bill's amendment regarding Independent Care Boards' pay and conditions for staff. The amendment aims to enable integrated care boards to participate in existing and future Local Improvement Finance Trust (LIFT) schemes and receive income from such agreements. The discussion focuses on the Health and Care Bill's amendment related to integrated care board's ability to enter into externally financed development agreements for Local Improvement Finance Trust (LIFT) arrangements. The statement discusses the statutory requirements for Integrated Care Boards (ICBs) under the Health and Care Bill, including membership criteria, appointment processes, and operational details. The shadow minister raises concerns about the practical implementation of Integrated Care Boards (ICBs) outlined in the Health and Care Bill, focusing on issues such as board composition, chair approval, conflict of interest, and stakeholder involvement. The statement discusses Clause 14 of the Health and Care Bill, which requires NHS England to publish rules determining the responsibilities of each Integrated Care Board (ICB) for certain people. The discussion is about the access to NHS services and charging regulations under clause 14 of the Health and Care Bill.
Action Requested
The amendment seeks to require the constitution of integrated care boards to include provisions for meetings in public and publication of agendas and papers. It also applies these requirements to place-based committees and thematic sub-committees, ensuring transparency and accountability.
Key Facts
- The amendment mandates that all integrated care board meetings and those of their sub-committees must be held in public.
- All meeting papers and agendas must be published at least five working days before each meeting.
- This requirement applies to both thematic committees and place-based sub-committees.
- Trade union colleagues often face difficulties in obtaining key information about changes.
- Freedom of information requests result in inconsistent responses across the country.
- The speaker advocates for a culture where transparency is the default, with exceptions only if there are clear reasons.
- The amendment would require ICBs and their subcommittees, including place-based committees, to meet in public.
- It mandates that all papers and agendas relevant to these meetings must be published at least 5 working days before each meeting is held.
- The Public Bodies (Admission to Meetings) Act 1960 already imposes similar requirements on public bodies, which are being extended to ICBs through this Bill.
- Amendment 43 aims to insert provisions into primary legislation about collective agreements.
- Sarah Gorton from Unison highlighted concerns over the continuation of 'Agenda for Change'.
- King’s College Hospital Foundation Trust will transfer staff to Greenbrook Healthcare under a three-year contract starting in October.
- The amendment suggests approval from an ICB's partnership is required for appointments with salaries above £161,401.
- Amendment 43 would require ICBs to apply all relevant collectively agreed terms on pay, conditions, and pensions.
- An ICB may need flexibility in pay and conditions for recruitment or secondments.
- Ministerial oversight applies to salaries over £150,000 a year.
- Amendment 17 aims to allow integrated care boards to enter into externally financed development agreements regarding Local Improvement Finance Trusts.
- The amendment is a probing measure, not seeking immediate legislative change.
- LIFT transformed primary and community services in Bristol over the noughties.
- Concern about the Lansley Act's impact on the management of estates and local infrastructure finance trusts.
- The NHS backlog is now £17 billion.
- Primary care trusts (PCTs) could enter into these arrangements locally, whereas clinical commissioning groups (CCGs) and integrated care boards (ICBs) cannot currently do so without certification by the Secretary of State.
- Paragraph 20 of schedule 2 allows ICBs to enter externally financed development agreements if certified by the Secretary of State.
- ICB membership must include a chair, chief executive, ordinary members from NHS trusts/foundation trusts, primary medical service providers, and local authorities.
- The chair is appointed by NHS England and approved by the Secretary of State.
- Ordinary members are jointly nominated by their respective sectors to ensure shared ownership and credibility.
- Paragraph 4 concerns the approval of the chair by the Secretary of State.
- Paragraph 6(2) specifies that a chief executive must be an employee of the integrated care board.
- Interim guidance allows for employees or secondments from other organizations, potentially creating conflicts of interest.
- The Bill requires three ordinary members but interim guidance suggests a minimum of ten people.
- NHS England will publish rules determining which people each ICB is responsible for.
- The rules aim to replicate current CCG responsibility but adapt it to a new model without GP membership-based approach.
- Exceptions can be made through secondary legislation subject to the affirmative procedure of the House.
- Clause 14 of the Health and Care Bill is being discussed.
- The Minister reassures that the clause does not alter emergency care access or existing charging regulations for those ordinarily resident in the UK.
- Charging regulations are designed to balance accessibility with contributions from users.
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