The Minister for Health and Secondary Care (Andrew Stephenson)
Today, I am pleased to announce that we will be continuing the Government’s goal of introducing robust regulations to ensure the eradication of modern slavery in NHS supply chains in England. This is in line with our Government’s world-leading ambition to tackle modern slavery. These regulations will support continued efforts to build an ethical and reliable UK health system.
The Department of Health and Social Care has pledged to put an end to modern slavery in NHS supply chains. As is set out in the National Health Service Act 2006, we will create regulations to eradicate the use in the health service of goods and services which are tainted by slavery and human trafficking. These regulations will place legal duties on public bodies to assess modern slavery risk in procurement and contract activities and take reasonable steps to address and, where possible, eliminate that risk.
My hon. Friend Lord Kamall committed to introducing these regulations within 12 to 18 months of the enactment of the Health and Care Act 2022. Since that commitment was made, a large amount of work has happened on both modern slavery and procurement policy both within the DHSC and the NHS, and across Government. The introduction of these regulations has therefore been delayed so that we can ensure they are fit for purpose and interact with the current legislation and updated policies.
The DHSC, supported by NHS England, delivered a review in December 2023 into the risk of modern slavery within NHS supply chains. The review showed a significant amount of commitment from our suppliers to tackling modern slavery in their supply chains, and made a recommendation to lay the regulations.
Other work has been ongoing to reform procurement rules in the UK. The Procurement Act 2023 will be enacted on 1 October 2024 and will set out the new laws the public sector is required to follow when a procurement is within the duties prescribed. The Procurement Act 2023 created specific means for debarment, including “professional misconduct” where a serious breach of ethical standards is found; our regulations will operate compatibly with this requirement. Further, in January 2024, the provider selection regime also came into force, which sets out procurement rules for the procurement of clinical services; the NHS is now implementing these new procurement regulations.
The developments to understand modern slavery risk in NHS supply chains and the introduction of new procurement laws are relevant to our modern slavery regulations. The regulations will introduce legal duties to assess modern slavery risk in supply chains and to take reasonable steps in a proportionate and relevant way when buying goods and services for the NHS. They will include duties requiring public bodies to first assess the extent of the modern slavery risk in relation to that procurement and then take reasonable steps to address and, where possible, eliminate that risk. Reasonable steps include:
ensure robust selection and award criteria is built into their tenders to respond to identified risks;
include specific contract terms to monitor and require mitigation where instances of modern slavery are discovered.
This spring, the Department will launch a public consultation to further support the development of the modern slavery regulations. It is with this consultation that we will publish our draft regulations for the first time. We will welcome the views and contributions of a wide range of stakeholders, including public bodies, suppliers, trade associations, interest groups and the public. Subject to the outcome of the consultation we intend to lay draft regulations before Parliament in due course.
Modern slavery has no place in our society, and the DHSC has a duty to eradicate the use of goods and services tainted by modern slavery in NHS supply chains. This is also a global effort—that is why we will be working collaboratively across Government to ensure that our work reflects these priorities and the duties of public bodies within our regulatory framework.
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