Right now, the government is trying to sneak through secondary legislation (under Section 75 of the Health & Social Care Act) to force virtually every part of the NHS to be opened up to *compulsory* competitive markets, open to the private sector. We have just over a month to stop them, and we need to start straight away.
These regulations (SI 257) are likely to be the final straw for many of our NHS hospitals and clinics, already damaged by too much costly marketisation and cuts.
Parliament does not normally even debate or vote on this type of regulation – but it is possible. Even those Lib Dems who supported the Health & Social Care Act should be very concerned as the regulations break the reassurances offered to parliament and to the local Clinical Commissioning Groups, that the Act allowed local choice about when to use competition. For example Andrew Lansley promised doctors that “commissioners, not the Secretary of State and not regulators – should decide when and how competition should be used to serve… patients interests” (see briefing for other examples of the promises that were made). But these new regulations do not allow local freedom to decide when to use competition, at all.
Here in Gloucestershire, campaigners successfully overturned privatisation of nine hospitals, instead keeping them in the NHS without tendering (in October 2012 – ie, even after the Act). The barrister in that case, David Lock QC, has told us that this option will no longer be possible for anyone else, if these regulations go through.
These regulations were laid down on 13th February and will become law on 1 April unless all MPs who care about the NHS first insist on a debate and vote, and then vote them down. Over the next few days the political parties are going to be considering their next moves.
Please take time now to
a) sign this petition to call for a full debate, vote and defeat
b) urgently email your local MP to ask them to ensure these regulations are debated, voted on and defeated in parliament. Send them the Keep Our NHS Public briefing, & use the bullet points in the briefing to help you explain to your MP why you are so concerned. You can use www.theyworkforyou.com if you don’t have your MP’s email address.
c) ask others to do the same! please spread this message widely to friends, colleagues, any groups you are in, and write to the newspapers using the points in the attached briefing, along with your own experience.
d) you could also email the clerk of the house of lords committee on statutory instruments which will be examining the regulations shortly, raising concerns about the implications of these regulations and asking them to recommend they get a full debate in the Lords. Their email address is seclegscrutiny[at]parliament.uk. I will let you know when we know more about the way the Commons committees operate.
e) if you are in touch with your Clinical Commissioning Group you could ask if they share your concerns about the implications of these regulations, and if so, if they will speak out against them, and insist on the freedoms they were promised, to choose when they used competition, or not.
You can also read more background here:
http://www.hsj.co.uk/news/policy/government-tendering-rules-will-lead-to-big-shake-up-in-services-lawyers-warn/5055338.article?blocktitle=Latest-News&contentID=782 (subscriber only)
and please do consider joining Keep Our NHS Public without whom this would not have been possible. www.keepournhspublic.com