I am ever so grateful to the hon. Lady for that intervention, because it is profoundly rich for anybody on the Government Benches to suggest that we should prevail upon an independent organisation to publish the instructions that it offered to an independent QC, when the Government will not even publish the independent advice that they have commissioned. They have refused to do so repeatedly. They will tell us that they do not agree with this independent opinion, but they absolutely will not publish their own. I suggest that she makes representations to those on her Front Bench, and I will do the same to 38 Degrees if I have a chance.
The independent legal advice goes on to say:"““Encouraged by the structure and clear intention of the Bill to give consortia autonomy from the Secretary of State,””—"
which is, of course, in clause 4 of the new Bill—"““there is a real risk of an increase in the 'postcode lottery' nature of the delivery of some services, depending on the decisions made by consortia.””"
That increase in the postcode lottery takes me on to the second set of proposals that I wish to touch on, which we believe would stop the Government effectively legislating to hardwire the postcode lottery into our NHS. We accept that it is already too variable across the country and that there needs to be greater equity and standardisation, with excellence provided to everybody across the country. That will become all the more difficult with the new provisions.
New clauses 10 and 11, which were tabled by the Labour Opposition, are designed to combat some of the possible malign consequences of the changes that hand to clinical commissioning groups the ability to determine the needs of the local health population and to set their priorities without interference or support from the Government, or indeed from regional strategic health authorities.
[2nd Allocated Day]
Proceeding contribution from
Owen Smith
(Labour)
in the House of Commons on Wednesday, 7 September 2011.
It occurred during Debate on bills on Health and Social Care (Re-committed) Bill.
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