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@andyburnhammp with @JustinonWeb: NHS bill has left service 'demoralised, destabilised and fearful of the future'



From this morning’s Radio 4 ‘Today’ programme, an interview by Justin Webb of Andy Burnham MP Shadow Secretary State for Health.

 

 

This transcript is to the best of my ability, and is (c) of my blog and cannot be reproduced without my express permission. There are precise words here in this particular transcript.

 

Justin Webb

Labour’s view is clear. Mr Cameron himself must show leadership, grasp the nettle, and drop the Bill. The Bill being the Health and Social Care Bill, the hugely controversial reorganisation of the health service in England, and that Bill being back before the House of Lords today, with Labour hoping to damage it further by getting the government defeated on crucial provisions – including a new rule which would allow hospitals to raise up to 49% of their income from private patients, provided that money were ploughed back into NHS services. The Government says that Labour is launching an opportunistic attack, with no real sense of a properly thought-through alternative. The Shadow Health Secretary is Andy Burnham, and is on the line now. Good morning to you.

Andy Burnham

Good morning.

Justin Webb

Can we deal with that 49% thing first – what is it that you object to? You allowed, didn’t you, hospitals to make some money from private patients, but it was capped quite low. The Government simply wants to raise that cap.

Andy Burnham

We did Justin. We did Justin but it was carefully controlled, activity at the margins of the hospital. This Bill would take it up to a whole new level allowing the hospital to earn up to half of its income from treatment of private patients, so that’s 1/2 of appointments, theatre times, beds, car park spaces, devoted to the treatment of private patients.

Justin Webb

But  no – they’d have to build extra to do it. They wouldn’t be taking existing NHS beds and turning them private?

Andy Burnham

That’s the point isn’t it? They wouldn’t have to. The effect could be that NHS waiting lists get longer, and people simply won’t accept that with hospitals built with taxpayers’ money which should be focused on treating NHS patients.

Justin Webb

Why would that be? They wouldn’t be focused on it, they’d be raising money from it which would be ploughed back into the NHS.

Andy Burnham

The Government’s Bill is producing a competitive market. They’re essentially saying to all hospitals that they’re on their own. You’ve got to find the money to survive. That’s a big break with NHS history. We’ve had a system which has been collaborative where systems support each other. They’re saying, with this Bill, to hospitals that they’re on their own – they’re saying to them that it’s a competitive market, you’re on your own, and you have to use these freedoms to protect your bottom line. My fear is that they would begin to devote more time for private patients squeezing NHS patients out, and that will be a return to the bad days of the NHS where people were told ‘wait longer, or go private’.

Justin Webb

But again, under Labour, independent sector treatment was introduced, wasn’t it? In NHS hospitals, treatment centres were introduced,  run by private organisations, some would say they worked rather well, an element of private competition introduced by Labour and working?

Andy Burnham

That’s true we did, and that capacity allowed us to deliver lowest-ever waiting times in the National Health Service. The context was different, Justin. Let me explain that. We introduced those providers within the context of a planned collaborative system, so that the extra capacity was managed. And by the end of our time in government, around 2% of operations were conducted in the private sector. That gives you an idea of the type of scale we introduced.

Justin Webb

Yes, but that’s terribly important. You say collaborative, but it wasn’t entirely collaborative, in that there was an element of competition – which was terribly important wasn’t it? The point of doing it was to “gee-up” the NHS, in order, in this specific case … to get waiting lists down, which it did, didn’t it? It wasn’t entirely collaborative, in that there was an element of competition then that was terribly important.

Andy Burnham

Competition was with controls, that’s my point. The Bill takes the controls away – takes the brakes away off the system. This Bill would throw up the NHS to the full force of NHS competition law where every contract which takes place will be open to competitive tender. That is a huge change from the NHS we left behind – we had collaborative NHS with good standards of care. That’s the question that I keep on coming back to: why on earth are the Government turning it upside down? They inherited a self-confident NHS, and in just 18 months they’ve turned it into an organisation which is demoralised, destabilised and fearful of the future.

Justin Webb

Here might be why. While there was increasing spending and waiting lists came down, there’s no doubt that productivity reduced? It is actually inconceivable that the NHS can carry on in the future in the way that the NHS is organised currently. We won’t be able to afford it, and if we want to be able to provide the health for ourselves, run the health service for less than 10% of GDP which you do as much as the Government does, we have to find a way of delivering the service in a better way, and a more productive way?

Andy Burnham

I am afraid I don’t accept the premise of your question. NHS is one of the most efficient systems in the world. That’s what the independent experts tell us.

Justin Webb

The National Audit Office in 2010 said that taxpayers were getting poorer value for money than 10 years previously.

Andy Burnham

Well, the Independent Commonwealth Fund makes a comparative study of health systems around the world, and repeatedly tells us that the NHS is one of the most efficient systems in the world. We do spend less than 10% of GDP, but that’s not the case in other countries in France, the Netherlands, and certainly not in the United States. That’s why market-based systems tend to cost much more, A National Health Service gives you an ability to control costs. If you break that, the market runs riot. More broadly, you mention efficiency. It was a catastrophic mistake, in my view, that, when the NHS is facing such huge financial challenge, they’ve allowed existing systems to disintegrate.

Justin Webb

In a word, then, you think the Bill can now be defeated?

Andy Burnham

Yes I do. All around there is a consensus that it is better to work through existing systems than to carry forward this dangerous re-organisation. The Government has abjectly failed to build a professional consensus behind the Bill. My offer still stands, Justin. I have no objection to building GP-led commissioning. This Bill will damage the NHS at this particular time.

Justin Webb

You’ve already introduced that in the past, haven’t you?

Andy Burnham

Yes I have. This Bill will damage the NHS at this particular time.

Justin Webb

Andy, we’ve got to leave it there. Thanks.

Burnham: NHS bill has left service “demoralised, destabilised and fearful of the future” (mp3)

Drop the Bill – HM Government must publish the Risk Register



 

In November 2011, as described in the GP magazine, the Information Commission ruled that the Department of Health breached the Freedom of Information Act by failing to provide a copy of the risk register requested by former shadow health secretary John Healey. The Department of Health’s response to why they would not wish to publish the Risk Register is provided in this blog article. The analysis provided in this letter is markedly at odds with Andrew Lansley’s own headline of an article published in the Guardian in 2010 here: “An open, transparent NHS is a safer NHS”.

In ‘Any Questions’ on Friday evening, Tim Farron himself discussed the improvements in the Bill which had resulted as a result of the Liberal Democrats’ intervention, citing the influence of Shirley Williams and Paddy Ashdown, and explained that he was not in favour of marketisation of the NHS. He further explained that he wished for stability, and did not wish for ‘doctors and nurses to be mucked around by politicians’. Indeed, Nick Clegg has previously provided that the intervention in the NHS legislative process is a victory for the Liberal Democrats in the democratic process.

Neil Foster on the highly influential ‘Liberal Conspiracy’ website has written as follows:

Many Coalition MPs and Ministers will be wondering how they can save face and pull back at this late stage.

There is one way: publish the Department of Health’s Risk Register. The unpublished advice and projections in the Risk Register are likely to reveal an array of unknowns and significant potential for spiralling costs and deterioration of patient care.

If not, then why is the Health Secretary so keen to avoid the instructions of the Information Commissioner to release it?

The ‘last-minute revelations’ from the Risk Register should enable Coalition MPs to say with a reasonably straight face that they have taken on board the warnings alongside those of the Health Select Committee.

However without the publication of the Risk Register there is no plausible exit strategy for MPs who have ignored pressure to repeatedly vote for such a controversial Bill.

The EDM reads as follows on the UK parliament website:

That this House expects the Government to respect the ruling by the Information Commissioner and to publish the risk register associated with the Health and Social Care Bill reforms in advance of Report Stage in the House of Lords in order to ensure that it informs that debate.

The details of this EDM are as follows. As you will see, despite the problems with the parliamentary system of whipping allowing the Liberal Democrats to stand up for the views on the NHS, a number of Liberal Democrat MPs have indeed put their name down.

At the time of publication, the following MPs had signed up:


Name Party Constituency Date Signed
Campbell, Ronnie Labour Party Blyth Valley 01.02.2012
Caton, Martin Labour Party Gower 31.01.2012
Clark, Katy Labour Party North Ayrshire and Arran 31.01.2012
Connarty, Michael Labour Party Linlithgow and East Falkirk 02.02.2012
Corbyn, Jeremy Labour Party Islington North 31.01.2012
Crockart, Mike Liberal Democrats Edinburgh West 02.02.2012
Cunningham, Alex Labour Party Stockton North 02.02.2012
Dobbin, Jim Labour Party Heywood and Middleton 31.01.2012
Durkan, Mark Social Democratic and Labour Party Foyle 31.01.2012
Gapes, Mike Labour Party Ilford South 02.02.2012
George, Andrew Liberal Democrats St Ives 30.01.2012
Hancock, Mike Liberal Democrats Portsmouth South 30.01.2012
Hopkins, Kelvin Labour Party Luton North 30.01.2012
Lavery, Ian Labour Party Wansbeck 01.02.2012
Leech, John Liberal Democrats Manchester Withington 30.01.2012
McCrea, Dr William Democratic Unionist Party South Antrim 01.02.2012
Meale, Alan Labour Party Mansfield 31.01.2012
Mearns, Ian Labour Party Gateshead 30.01.2012
Morris, Grahame M Labour Party Easington 30.01.2012
Mulholland, Greg Liberal Democrats Leeds North West 30.01.2012
Osborne, Sandra Labour Party Ayr Carrick and Cumnock 02.02.2012
Pugh, John Liberal Democrats Southport 01.02.2012
Rogerson, Dan Liberal Democrats North Cornwall 02.02.2012
Shannon, Jim Democratic Unionist Party Strangford 31.01.2012
Sharma, Virendra Labour Party Ealing Southall 30.01.2012
Sheridan, Jim Labour Party Paisley and Renfrewshire North 02.02.2012
Skinner, Dennis Labour Party Bolsover 31.01.2012
Vaz, Valerie Labour Party Walsall South 30.01.2012
Wright, Iain Labour Party Hartlepool 02.02.2012

For an excellent article from Thursday on this, please refer to Eoin’s blog here.

Andrew Lansley has concealed a ‘risk report’ that has examined the potential dangers of his NHS Bill. He simply refuses to publish it. I am told that the reason for this is that the report contains a very serious warning about the long term damage the bill will do to the NHS. The chief warning in the report is that Lansley’s reforms will spark a surge in health care costs and that the NHS will become unaffordable as private profiteers siphon off money for their own benefit. The report specifically warns that GPs have no experience or skills to manage costs effectively.  The profit element contained in Lansley’s reforms is the chief reason for the report citing these worries. This is the reason Lansley refuses to publish the report, because he has claimed that his bill will make costs in the NHS more affordable. This flaw in the bill if exposed would undermine his entire argument and it is the reason the report will not be published until the bill becomes law. But you can help prevent that. Labour Left Chairperson & Labour MP Grahame Morris has tabled an early day motion to force Lansley to publish the report. Please help ensure that your MP does their bit to support the motion. Democracy & transparency must prevail.

Please comment there if you would like to raise your concerns.

Why the NHS Health and Social Care Bill doesn’t make sense to me



This post is inspired by brief discussions I’ve had with Sunny Hundal where Sunny asked me lots of questions I couldn’t answer!

 

Of course, Labour is clear that they oppose the NHS Health and Social Care Bill. What they had not been clear to me about is why they oppose it, though I am very grateful to Sunny Hundal for pointing me in the direction of the ‘Drop the Bill’ website which establishes five important alleged concerns of the Bill: postcode lottery, longer waiting times, privatisation, damaged doctor-patient relationship, and waste.

Labour and supporters bandy around the statement ‘It is privatising the NHS’. This is indeed a very good way of looking at it, as the fundamental thesis is that there will be a greater role for the private sector in the provision of health services for England.  To ignore the existing contribution of the private sector in the NHS is complete nonsense, however. NHS budgets operate millions of pounds, and the private sector is clearly involved. Most people in the general public have heard of NHS procurement, or “NHS logistics”; many people, in both the private and public  sector are somehow enmeshed in the NHS ‘supply chain’. In fact, at least with privatisation, according to the aspiration of Baronesss Thatcher, there is public ownership of the infrastructure. The worrying aspect here is that NHS entities can be bought by hedge funds or even foreign investors, as part of a multinational investment, and indeed Ed Miliband might be right after all – corporate entities might wish to sell bits off the NHS ‘for a quick buck’ in his much derided speech on corporate social responsibility last year. There is as such not illegal, but many will not agree with this sensitive corporate handling of key infrastructure assets.

A more mature intelligent debate is to consider why precisely the NHS Health and Social Care Bill does not make sense. It firmly places the NHS in private hands, and it is worth scrutinising carefully at this point what the legal entity of the NHS Trust is.

If it is a private limited company under law, it is under legal obligation to maximise shareholder dividend, and the question then becomes who exactly are the shareholders, and how will their profits from NHS patients be used? One assumes that NHS Trusts will be subject to all aspects of company law, such as insolvency law and competition law inter alia. How is competition going to work? And are entities going to offer products or services that are ‘profitable’? What about dementia, for example? I am worried about the fact that this could lead to major imbalances in service provision at both primary care level and in NHS Trusts. How is the Tory-led Government going to ensure that apples are not unfairly compared to bananas in this new free market of the NHS? This involves a complex understanding of how products and services are going to be costed in the new NHS; will they be simply the cost of providing the products or services, or will some corporate entities wish to undercut other suppliers by ‘penetration pricing'; or will some suppliers price themselves at a high price to denote high brand value, for example for ‘the best hip operation in town’? For that matter, how does the Bill deal with measuring benefits and outcomes for the patient, rather than the corporate supplier?

I believe strongly that we will almost have to invent a new entity in law to cover NHS trusts, if it is not the private limited company or charity under the Companies Act or Charities Act. I do not feel that such strategic change will succeed in management for one clear reason, anyway. In any such rushed strategic change, you must have follower support; so even if the LibDems in the lower and upper Houses act as the lubricant for the Conservative engine in allowing this Bill a clear path to Royal Assent, the implementation of the NHS Bill will almost certainly fail due to lack of support from many GPs, the Royal Colleges, many other health staff, and most importantly the patient. I also feel that, in management, it is going to impossible to implement such organisational structural and cultural change in such a hurry.

Calling the BMA a ‘trade union’ itself is not a trivial point. Trade Unions protect the rights of employees rather than shareholders (unless stakeholders are also shareholders), and therefore if the NHS Bill is enacted without key stakeholder support it will fail. This is because the members of this trade union are not involved in the strategic change process at all well, and feel it is being inflicted without their consent. They also will have much tacit implicit knowledge about the NHS, as well as codified principles, which will be harder to shift without specialist change managers.

However, there is no doubt that somebody does need to look at the management structure of the NHS, which is why I should rather Labour has a constructive input into the debate, on behalf of public sector workers, and if it decides it wishes for blanket obstruction, it should consider urgently an alternative, because it is currently the case there are parts of the NHS which are financial disaster zones. Furthermore, the NHS does not always work well; very many nurses work with poor pay and conditions, but stories about suboptimal care unfortunately do rumble on (especially in elderly care). Finally, there is a strong part of me that believes in a system where we all share risk in a National Health Service by paying a contribution – this is where reform of the tax system is vital, as the NHS is currently paid for out of income tax mainly to my knowledge. If private enterprises are allowed wholly to run the NHS, it could be that the business entities which go out of business are those where there are particular ‘hotspots’ of disease due to an unfortunate combination of nature and nurture, for example chronic obstructive airways disease in coal miners in Wales, or high incidence of cardiovascular disease in Bengali immigrants in Tower Hamlets. Health inequalities are a serious problem for medical care, and replacement of the NHS with increased private input for entities to run at a profit would be a serious threat to that.

That’s the sort of debate I wish for why I oppose the NHS Health and Social Care Bill. And what about Dilnot also?

 

This is a personal view of @legalaware, and does not represent the views of the BPP Legal Awareness Society, nor of BPP.

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