01.03.13
Competition rules ‘nail in the coffin’ of public NHS
The controversial regulations that seem to open up the NHS to far more competition must be changed, doctors have warned.
Over 1,000 doctors and nurses are demanding that the Government withdraw regulations that would force NHS trusts to open up competition with private providers.
The call comes after it emerged that Monitor would be given powers to “force” trusts to introduce competition, although the DH has briefed reporters that it is to review the regulations following the outcry.
The NHS (Procurement, Patient Choice and Competition) Regulations 2013 made under section 75 of the Act are being considered by the House of Lords Legislation Scrutiny Committee on March 5.
The doctors wrote in the Daily Telegraph: “We are concerned about the Government's proposed secondary legislation (under Section 75 of the Health and Social Care Act) to force virtually every part of the English NHS to be opened up to the private sector to bid for its contracts.
“These regulations were proposed on 13 February and will become law on 1 April unless MPs first insist on a debate and then vote them down.
“Parliament does not normally debate or vote on this type of regulation, but it is possible. We urge parliamentarians to force a debate and vote on this issue to prevent another nail in the coffin of a publicly provided NHS free from the motive of corporate profit.”
Signatories include Dr Clare Gerada, chairman of the Royal College of GPs, and Professor John Ashton, incoming president of the Faculty of Public Health.
Labour MP Andy Burnham, shadow health secretary, said: “The Government needs to start listening and they should start by withdrawing these regulations without delay.
“What is now clear is that the medical professions and Parliament have been treated with contempt – the Government is now forcing competition through the back door. People have never given them the permission to put the NHS up for the sale and they need to be forced to remember that.”
Dr Michael Dixon, head of the NHS Alliance and a member of NHE’s editorial board, told Pulse magazine that the move could lead to GPs leaving the NHS in protest.
He told the BBC that competition should only be introduced when in the interests of patients: “I don't want tenders, which cost a lot of money and time, when a local provider is doing a good job. Sadly, I think this is what one or two of the clauses might lead to.”
A Department of Health spokesman said: “The Government is absolutely committed to the principle that doctors and nurses – in clinical commissioning groups – will be able to decide how services should be provided, because they know what patients need best of all.
“The regulations will make sure that doctors and nurses can decide when and where to use competition so they can improve services for patients.
“However, we do recognise that concerns have been raised about the way in which the regulations could be understood and we want to do everything we can to address these issues and provide clarity for all concerned.”
David Worskett, chief executive of the NHS Partners Network, said: “The draft S.75 regulations provide a vital framework for ensuring that commissioners use the best available processes for securing the best quality and best value care. The regulations essentially place onto a statutory basis the guidance and rules that have been in place since early 2010, when they were introduced by the last Government.
“The Regulations will also ensure that the health sector, which has some unique conditions, has the benefit of a specialist sector regulator that understands the sector properly and can act accordingly.
“There is widespread agreement that patients must be at the centre of the reformed NHS. The Mid Staffordshire Inquiry has made absolutely clear the need for constant vigilance and challenge to ensure proper standards of care for all patients. It has also made clear that the NHS urgently needs to embrace a new culture and new approaches to delivering care. One of the most important means of achieving this is to ensure that commissioners have obligations to open the way for the potential contributions that can be made by new, innovative, providers. But commissioners also need a legally secure framework for doing so, and these regulations are a key part of that.
“The regulations as drafted are consistent with overall governing procurement and competition law. Watering them down can only create ambiguity and leave patients, taxpayers, commissioners and providers in a worse position. The Government must stand firm and we will be urging Ministers to do so.”
Tell us what you think – have your say below, or email us directly at [email protected]