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Health and Care Bill - Sitting 19 (Afternoon)

27 October 2021

Proposing MP
Birmingham, Selly Oak
Type
Public Bill Committee

At a Glance

Issue Summary

Steve McCabe addresses concerns about mask compliance during parliamentary proceedings, emphasizing the need for adherence to safety guidelines. The statement discusses the introduction of New Clause 8 to establish an NHS Good Governance Commission. Steve McCabe discusses the concerns regarding the lack of accountability and transparency in integrated care boards and proposes alternatives such as elected chairs or an appointments commission. The speaker discusses the importance of good governance for NHS senior management appointments and criticizes the centralization of power within the Department. The Minister discusses challenges related to NHS appointments and governance, addressing concerns about individuals moving between positions due to past performance issues. Chris Skidmore moves a new clause requiring the Secretary of State for Health and Social Care to support, fund, and promote research within the health and care system through ring-fenced funding for the National Institute for Health Research. Steve McCabe discusses the importance of investing in health research and development within the NHS, welcoming the Chancellor's additional funding but emphasizing the need for certainty and effective use of funds. The speaker discusses the importance of embedding a culture of research within the NHS through long-term certainty and highlights the role of the National Institute for Health Research (NIHR) in funding lifesaving research during the pandemic. The statement addresses amendments related to the Health and Care Bill, specifically new clause 9 which seeks to legislate for an additional duty for the Secretary of State regarding research funding for the National Institute for Health Research (NIHR). The statement discusses the need for genuine consultation before decisions are made regarding NHS service changes, emphasizing the importance of involving patients, carers, and staff. Steve McCabe is addressing the Health and Care Bill, specifically new clause 12 which aims to establish NHS suppliers as the preferred providers of NHS contracts. The statement discusses amendments to the Human Tissue Act 2004 regarding transplantation and the display of imported cadavers. Alex Norris addresses new clauses in the Health and Care Bill regarding organ harvesting and human body displays, focusing on unethical practices in China. The statement discusses the proposed New clause 14 of the Health and Care Bill which aims to extend prohibitions on commercial dealings in human material for transplantation outside the UK. The statement discusses new clause 16 which aims to introduce a licensing regime for cosmetic treatments and makes it an offence to practise without a licence. The amendment seeks to introduce a national licensing scheme for cosmetic procedures in England. The statement discusses the regulation of beauty and aesthetic treatments to ensure public safety. Steve McCabe discusses the importance of ensuring safe staffing levels in healthcare to maintain patient safety. The statement discusses the opposition to a new clause that would require the Secretary of State for Health and Social Care to maintain safe staffing levels in health and care services in England. Steve McCabe discusses a new clause requiring integrated care boards (ICBs) to publish reports on workforce analysis and planning every two years. The statement addresses the need to provide occupational health services to all NHS staff. The statement discusses a new clause aimed at legislating for additional occupational health services for NHS staff. The statement addresses the debate over the private patient income cap in NHS trusts under the Health and Care Bill. The statement discusses the proposed new clause that would impose conditions on NHS foundation trusts for increasing their income from private patients. Steve McCabe moves a clause requiring all trusts to publish reports from royal colleges following invited reviews for patient safety and care improvement. The MP discusses a new clause requiring NHS trusts in England to publish reports by medical royal colleges on invited reviews of trust quality and safety. The speaker moves to amend the Health and Care Bill with New Clause 25 to require the Secretary of State to report on disparities in England’s maternity services and maternal mortality rates, highlighting socioeconomic and ethnic inequalities. Steve McCabe discusses a new clause requiring annual reports on variations in quality and safety of England’s maternity services and disparities in maternal mortality rates. Steve McCabe discusses new clause 28, which aims to amend the National Health Service Act 2006 by imposing duties on the Secretary of State to ensure adequate placement capacity and promote innovation in healthcare higher education. The speaker discusses the need for reform in medical training and workforce innovation to address the current cap on training budgets which restricts the number of doctors entering the healthcare system. The MP discusses the need to address workforce shortages in healthcare through training and development. The statement addresses new clauses 27 and 28 of the Health and Care Bill concerning the transformation of the health and social care workforce. The statement discusses the expansion of healthcare placements and funding for nursing, midwifery, and allied health professionals.

Action Requested

McCabe advises that the issue of mask-wearing compliance is not within his purview but will be brought to Mr. Speaker's attention.

Key Facts

  • The guidance published in the House requires all members of staff and Members of Parliament to wear masks.
  • New Clause 8 aims to establish an NHS Good Governance Commission as a Special Health Authority.
  • The Commission will ensure appointments to non-executive roles are made through appropriate processes.
  • Annual assessments on diversity and inclusion must be published by the Commission.
  • The current system of integrated care boards lacks accountability to local people and Parliament.
  • Health service spending dwarfs that of police and crime commissioners or metro Mayors.
  • A transparent recruitment process, like an Appointments Commission, would help address cronyism charges.
  • NHS managers have outperformed the private sector on efficiency for nearly a decade.
  • A previous similar appointments commission was abolished under coalition Government policies.
  • Independent oversight of senior positions is needed to avoid conflicts of interest.
  • The Kark review highlights challenges with individuals moving between senior positions.
  • New clause 8 would create a special health authority for independent oversight of NHS appointments.
  • Current processes involve transparency in appointment making and assessment of diversity data.
  • The new clause would introduce a duty for the Secretary of State to support, fund, and promote research in the health and care system.
  • Funding would be provided via ring-fenced funding for the National Institute for Health Research (NIHR).
  • Research can help retain staff, improve patient outcomes, enhance accountability through clinical auditing processes, and drive better integration of services.
  • The Chancellor has announced an additional £44 billion investment in the NHS over three years to 2024-25.
  • Total NHS spend will increase to £177 billion.
  • It is suggested that roughly £5 billion will be spent on health R&D over five years.
  • NIHR currently receives about £1 billion a year for R&D funding.
  • The National Institute for Health Research (NIHR) was established by Labour Government in 2006.
  • NIHR funded and supported the recovery trial that discovered dexamethasone, reducing covid-19 mortality in hospitalised patients by one third.
  • A strengthened research mandate would improve patient outcomes with lower mortality rates and higher confidence in care.
  • £2.7 billion was generated by NIHR clinical research network-supported activity in 2018-19.
  • The amendment seeks to legislate for an additional duty for the Secretary of State regarding research funding for the NIHR.
  • Adult social care is a strategic priority for the NIHR and its research for patient benefit programme has an annual competition specifically for social care proposals.
  • New clause 9 aims to modify the existing duty of the Secretary of State to 'promote research' to include a duty to 'support the conduct of research'.
  • The NHS constitution pledges engagement but is not always adhered to.
  • Cabinet Office guidelines of 2018 emphasize iterative consultation using digital tools.
  • The Health and Social Care Act 2012 requires due regard for the NHS Constitution.
  • The new clause would establish NHS suppliers as preferred providers of NHS contracts.
  • Independent sector providers could hold NHS contracts after winning a competitive tender under the proposed clause.
  • New Clause 14 amends Section 32 of the Human Tissue Act 2004 to prohibit receiving controlled material without appropriate consent or for financial gain.
  • Subsection (1D) allows proceedings in England and Wales or Northern Ireland if the offender has a close connection with the UK.
  • New Clause 15 amends section 1 of the Human Tissue Act 2004 to regulate public displays of imported cadavers.
  • Since April, around 2,000 people have received an organ transplant in the UK.
  • The independent China Tribunal found that forced organ harvesting has been committed for years throughout China.
  • In 2018, a Real Bodies exhibition took place in Birmingham using bodies sourced from Dalian in China.
  • New clause 14 aims to criminalize British citizens' involvement in forced organ trade abroad.
  • New clause 15 would regulate the display of human bodies to ensure proper consent and dignity.
  • New clause 14 seeks to extend section 32 of the Human Tissue Act 2004.
  • Provisions in the Modern Slavery Act 2015 make it an offence for a UK citizen to purchase an organ for transplant overseas, carrying penalties up to life imprisonment.
  • Section 32 of the Human Tissue Act prohibits rewarding supply or offer of controlled material.
  • New clause 16 introduces a licensing regime for beauty and aesthetics treatments.
  • It makes it an offence to practise without a licence.
  • Regulations will specify the list of treatments, detailed conditions, and training requirements.
  • Consultation with relevant stakeholders is required before regulations are made.
  • Many cosmetic treatments are performed by unlicensed or inadequately trained practitioners.
  • Facebook adverts highlight the proliferation of such treatments offered by unqualified individuals.
  • A licensing scheme would set standards for training, qualifications, and competency requirements.
  • The scheme would include periodic checks of premises and continuous professional development.
  • It would provide indemnity insurance and access to redress schemes for complications.
  • Currently, there are no provisions ensuring prescription-only medicines like Botox are used safely.
  • London, Nottingham, and Essex have introduced local licensing schemes.
  • Two Professional Standards Authority-approved voluntary registers exist but joining is not mandatory.
  • There is significant support from organisations such as the Chartered Institute of Environmental Health and 90% of the public.
  • The scheme could lead to NHS savings through reduced A&E and GP visits for correcting mistakes made by unregulated practitioners.
  • Government considers introducing a licensing system for beauty and aesthetics treatments.
  • Private Member’s Bill by Laura Trott prohibits botox and dermal fillers for under-18s except in narrow circumstances, effective since October.
  • All-party group inquiry report guides the government's assessment of further regulation needs.
  • New clause 17 aims to place a duty on the Secretary of State for safe staffing levels.
  • The Nurse Staffing Levels (Wales) Act was passed in 2016.
  • The Health and Care (Staffing) (Scotland) Act became law in 2019.
  • The new clause would place a statutory duty on the Secretary of State for Health and Social Care to maintain safe staffing levels.
  • Clinical and other local leaders are currently responsible for ensuring safe staffing levels, supported by guidance from national bodies like the National Quality Board and NICE.
  • The Care Quality Commission (CQC) regulates staffing levels in health and social care providers.
  • Clause requires ICBs to produce a report every two years on workforce analysis.
  • Report must cover current workforce status, requirements for the next 2, 5, and 10 years, and plans to address gaps.
  • Consultations are required with trusts and foundation trusts in their area, primary care providers, and recognised trade unions.
  • The proposed new clause would insert a duty into the National Health Service Act 2006.
  • The current policy on occupational health services is inconsistent across different sectors of the NHS.
  • Primary care trusts were abolished in the Health and Social Care Act 2012, reducing provision of occupational health services in primary community care settings.
  • The NHS People Plan prioritises staff health and wellbeing.
  • A new programme is being developed to strengthen and improve occupational health services in the NHS over five years.
  • The programme aims to grow the occupational health workforce, develop their capability, empower local leadership, and focus on proactive and preventive care.
  • Private provider involvement in hip replacements for NHS patients has increased.
  • In 2011, the private patient income cap was raised from 3% to 50%, leading to concerns but limited actual impact.
  • Only around a dozen trusts have significant private patient income currently.
  • During the pandemic, private hospitals delivered only 0.08% of covid care and saw a decrease in non-covid healthcare delivery despite guaranteed operating costs.
  • Questions remain about the total cost of contracts with private providers during the pandemic.
  • In 2012, the private patient cap was abolished for foundation trusts.
  • Foundation trusts must make the majority of their income from NHS activity.
  • Non-NHS income accounts for less than 2% of total income, with less than 1% coming from private patients.
  • The new clause would impose a bureaucratic burden and restrict freedom and autonomy of foundation trusts.
  • The clause mandates publication of royal college reports following invited reviews.
  • BBC “Panorama” revealed only 16 out of 111 reports were published over five years.
  • There were 472 serious patient safety issues classified as never events in the last financial year before the pandemic.
  • The new clause aims to improve transparency in NHS trust quality and safety reporting.
  • Concerns have been raised that mandatory publication could discourage trusts from commissioning invited reviews.
  • Over 100 reports are published annually covering clinical specialisms as part of the NHS England and NHS Improvement programme.
  • The Care Quality Commission reported continued concern about variation in quality and safety of England’s maternity services.
  • In the UK’s poorest areas, the stillbirth rate is twice that in the most affluent ones with pre-pandemic figures showing a 73% excess risk of neonatal death for babies in poor areas.
  • The maternal mortality rate for black women is more than four times higher compared to white women and almost double for Asian women compared to white women.
  • The new clause requires annual reports on quality and safety variations and disparities in maternal mortality rates.
  • CQC monitors and regulates maternity services across England.
  • MBRRACE-UK publishes annual reports on maternal deaths, stillbirths, and neonatal deaths by NHS providers, commissioning boards, and local authorities.
  • The National Maternity and Perinatal Audit (NMPA) evaluates care processes and outcomes to identify improvements.
  • New clause 28 would amend the National Health Service Act 2006.
  • The amendment aims to ensure sufficient placement capacity for education in health and social care.
  • It supports funding and promoting innovation in healthcare higher education.
  • Consultation with universities, employers, providers is required.
  • Additional £60 million is needed to train an extra 1,900 students accepted due to lowered grade thresholds during the pandemic.
  • The Government has capped the training budget at £30 million, leading to a loss of £2,460 per student for universities in academic years 2020-21 and 2021-22.
  • Starting from this year, 1,000 fewer students will be trained each year due to the budget cap.
  • There were about 94,000 vacancies in healthcare, including nearly 40,000 nurse positions.
  • In 2018, around 14,000 applicants were not accepted onto nursing courses.
  • The phoenix programme helps migrants with medical qualifications to become doctors in the UK.
  • New clause 27 seeks to place a specific duty on the Secretary of State to support workforce transformation.
  • Section 1F(1) of the NHS Act 2006 sets out the existing duty for the Secretary of State to secure an effective system for education and training in the health service.
  • Health Education England (HEE) undertakes work with further and higher education providers to ensure curriculums are up-to-date and relevant.
  • HEE launched a digital readiness programme following the Topol review published in February 2019.
  • HEE has committed £15 million to fund additional clinical placements in 2021-22.
  • The funding will increase the number of placements offered to nursing, midwifery, and AHP students starting September 2021.
  • The Government are working on making it easier for healthcare professionals from abroad to utilise their skills in the NHS while ensuring patient safety.
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