Can They Read?

The Coalition has handed power, real and influential, over our NHS to a small band of men, unelected and unaccountable.  Are they fit to lead?

During the passage of the Health & Social Care Bill Ministers gave repeated assurances that the new Clinical Commissioning Groups would be free to secure the provisions of service in whatever way they thought best.  The government were challenged on this many, many times.

If the leaders of our NHS can read they will know that the Regulations made under Section 75 cannot possibly in any way be reconciled with the Ministers’ assurances.  Rather than tell the truth, and insist publicly that the Regulations are made consistent with the assurances, they have added to the pathetic attempts to try and suggest the Regulations would not be enforced.

Can’t they read?

Here it is from H&SC Act 2012:-

75  (1) Regulations may impose requirements on the National Health Service Commissioning Board and clinical commissioning groups for the purpose of securing that, in commissioning health care services for the purposes of the NHS, they –

(a) adhere to good practice in relation to procurement;


 (3) Regulations under this section may, in particular, impose requirements relating to—

(a) competitive tendering for the provision of services;

So it is abundantly clear that competitive tendering is the preferred option.  That is in the Act itself.

And then the Regulations:-

5.—(1) A relevant body may award a new contract for the provision of health care services for the purposes of the NHS to a single provider without advertising an intention to seek offers from providers in relation to that contract where the relevant body is satisfied that the services to which the contract relates are capable of being provided only by that provider.

“Capable” of being provided “only by that provider”.  It could not be more obvious what that means.

So they do not have to be lawyers they just have to be able to read.  Then say clearly that the Ministerial assurances are not consistent with the Regulations.