1
Health & Social Care Bill
House of Lords Committee stage
Briefing Note 3
Peers should vote for Amendment 3 on Wednesday 2nd November in order to stop the government abolishing the Secretary of State’s duty to provide the health service in England and to protect a comprehensive health service for England
We are at a critical moment in the debate over the government’s wish to abolish the duty of the Secretary of State to provide the health service in England.
We are concerned that the House of Lords should not accept abolition of this duty when it continues its debate on Clause 1 of the Health and Social Care Bill on Wednesday 2nd November 2011. To do so would undermine a comprehensive service because it would facilitate selection of patients and services by commissioners and providers.
There are four positions:1
(1) The government wants to abolish the duty. If Clause 1 is allowed to stand this will happen (see Appendix).
(2) Amendment 5, tabled by Labour and some cross benchers, is a minor amendment to Clause 1. It will not prevent abolition of the duty.
(3) A Liberal Democrat/Labour/cross-bench amendment would preserve the duty (Amendment 3), as requested by the Constitution Committee. It would basically keep the same words that have been in place since the 1946 National Health Service Act. Crucially the amendment acts as a bridge between the duty to promote in section 1(1) and the duty to provide in section 3(1) of the National Health Service Act 2006 Act. It would also lay the necessary foundation for further essential changes to the Bill.
(4) Lord Mackay of Clashfern has tabled two amendments that are reported to have the support of government and some Liberal Democrat and cross-bench peers.
