Health Bill

Baroness Merron Excerpts

Committee stage
Tuesday 3rd November 2026 Lords Chamber

[Earl Howe (Con)]

My Lords, the Committee will undoubtedly be grateful to the noble Lord, Lord Hunt, and the noble Baroness, Lady Tyler, for bringing forward these important amendments and for highlighting the vital contribution that unpaid carers make to our health and care system.

It is an obvious truth, but a truth worth stating, that carers are the people who know the person they care for best. They provide not only practical support but continuity, reassurance and an understanding of individual needs that can make a real difference to the quality of care. I very much welcome the recognition of the key role that carers play and the need to ensure that they are, first, identified—as many noble Lords have emphasised—and then listened to and appropriately involved in decisions about the people they support, while at the same time respecting the wishes and rights of patients themselves.

Carers are often family, friends and neighbours, and they usually do not foresee the duty happening upon them. They demonstrate the most admirable qualities in fulfilling that duty. The pressures that caring responsibilities can place on individuals and families are frequently very considerable, which is why we must never lose sight of the need to support carers’ own health and well-being, including opportunities to take a break from caring, as the noble Baroness, Lady Pidgeon, mentioned.

Amendment 21 would enshrine the right of carers to be involved in patients’ decisions, which seems eminently sensible and right. Carers, with patient consent, already have the right to be involved in discussions with clinicians. At the same time, clinicians will always need to make a judgment according to the situation, because it is just as important to go back and check the wishes of the patient and to make sure, for example, that they have privacy when they want it. Without wishing to downplay in the slightest the value of these amendments, it would be helpful to have confirmation from the Minister that a patient has the right to withhold from a carer sensitive information in their medical records that they might not want shared.

We will be debating the Government’s proposals for a national care service in a later group, but I wonder whether the Minister can give us a sense of how the Government view the position of unpaid carers in the context of those proposals. In what way do they think a national care service could or should affect the status of family carers? I ask because, with the concerns that noble Lords have raised during the debate, it seems doubly important that we do not inadvertently sideline or devalue the extraordinary contribution to society, and indeed to the economy, that unpaid carers make, or overlook the practical support and respite that carers need.

Unpaid carers are the backbone of so much of our health and social care system. Carers can be of any age. My noble friend Lord Young of Cookham rightly emphasised the role of young carers. Their contribution is immense, as are the burdens they carry, yet so often those things go unseen. Caring is a profoundly challenging role that, over time, will undoubtedly affect a person’s mental and physical health. The support for carers that noble Lords have so often called for can come in different forms: the noble Baroness, Lady Watkins, referred to the vital importance of respite and the part that care homes play in providing it. My noble friend Lady Morris has just reminded us that there are many great charities operating in this field. I wonder whether the Minister could give us a sense of what the Government’s vision is for how such support and respite should be delivered: whether they see it as primarily a role for the state or whether there is a broader palette of provision that is right and sensible to avail of.

Whatever the future structure of our care system, we must not lose sight of the people who give so much to care for others. Their voices and needs must be recognised.

[The Parliamentary Under-Secretary of State, Department of Health and Social Care (Baroness Merron) (Lab)]

My Lords, I am most grateful to my noble friend Lord Hunt and the noble Baroness, Lady Tyler, for initiating this important debate about carers, and indeed health and care partners. The points that have been made in the debate on this group were well made and well heard, and I know they are very much rooted in personal as well as professional experience. I too pay tribute to the vital work that carers, friends, families and neighbours all do to support their loved ones, often in the most challenging circumstances. I particularly note the reference to young carers by the noble Lord, Lord Young, the noble Earl, Lord Howe, and my noble friend Lord Hunt.

I turn first to Amendments 21, 214, 173 and 174, in the name of my noble friend Lord Hunt. Integrated care boards have an existing duty to promote the involvement of patients, and their carers and representatives, in decisions relating to their care or treatment. To the point the noble Earl, Lord Howe, has just raised, carers are the patient; they are the key person and they have control, as long as they are able, to make decisions about what is appropriate and what is not, as is usual. In addition on these particular amendments in this group, local authorities are required by the Care Act to have regard to the importance of people participating in decisions and being provided with information. I point out that the Health Bill also introduces a duty on integrated care boards to promote opportunities for visiting and a duty for local authorities to have due regard to the importance of individuals being able to involve other people in decisions about their care and about being able to receive visitors.

Regulation 9A already provides legal protections by placing a duty on care home, hospital and hospice providers to facilitate visits and accompaniment in a way that meets the person’s needs. As I just said, at the centre of all this are the needs of the individual. To clarify, a visit includes somebody providing physical support or companionship in person, and encompasses the support envisaged from a health and care partner.

My noble friend Lord Hunt and the noble Baroness, Lady Finlay, raised this matter in the earlier part of the discussion. The existing legislation intentionally avoids establishing a distinct term of “health and care partner”, simply because a single definition may not appropriately reflect the range of relationships that there may be and those that apply across different health and care settings. Also, the reference in Clause 57 to “other people” encompasses family, friends and carers and would already include a health and care partner.

The proposed amendments may inadvertently constrain how contact and support are provided and would inadvertently fail to provide for exceptional circumstances where offering support becomes a significant risk to the health, safety or welfare of a person using the service or on the premises. Instead, we are building on existing protections through non-legislative measures, including through the development of the NHS health and care partner policy. I hope that will meet the intentions behind these amendments.

Amendments 89, 175 and 176 tabled by the noble Baroness, Lady Tyler, relate to unpaid carers. The existing legal framework already requires the system to support carers. The Care Act 2014 places requirements on local authorities to assess and meet eligible needs. Carers are also explicitly referenced in the NHS constitution, and local authorities and NHS bodies have a duty of co-operation.

As for Amendments 175 and 176, existing legal duties establish a framework where needs assessments and subsequent care planning focus on the individual and their circumstances, rather than prescribing a particular service or solution such as respite care—something to which the noble Earl, Lord Howe, referred.

Amendment 88 tabled by the noble Baroness, Lady Tyler, raises a point that a number of other noble Lords have spoken to, including the noble Baroness, Lady Pitkeathley. It is of course important that carers are properly recorded and identified in the system. However, we do not believe that setting explicit requirements is appropriate for legislation, important though that is. We are making clear commitments in the 10-year health plan and are taking practical steps to improve identification, recording and support.

My noble friend Lady Nargund asked specifically about the single patient record. The Bill contains powers that will enable regulations to make patient information available to people other than patients on the patient’s behalf, if that is required. That can include all carers. The main point here is that we want to ensure that carers who act on behalf of those they care for can also get full benefit from the single patient record.

There is also guidance to support general practice to better identify and record which patients are unpaid carers. There is ongoing work to improve identification by promoting more consistent coding of unpaid carers by GPs.

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[Baroness Finlay of Llandaff (CB)]

My Lords, can the Minister confirm that the partner policy that she referred to—which is being developed as guidance and would avoid anything going into statute—will include a requirement that the carer providing principal care for someone when they are discharged from a unit will be assessed for how much they can and are willing to do in providing care and will be taught procedures that may make the care of the person easier? This includes simple things such as how to help someone get up from a chair, how to manage if someone falls on the floor and even how to give injections for breakthrough medication, such as for pain relief if that is indicated—so that carers are not left feeling that they do not know what to do when the person they are caring for comes home.

[Baroness Merron (Lab)]

The noble Baroness makes extremely fair points. The discharge process takes account of whether somebody can be safely and properly discharged. The care that is provided, whether by a professional or an unpaid carer, has to be absolutely right. She is right to make the points and I am sympathetic to them.

[Lord Hunt of Kings Heath (Lab)]

My Lords, in seeking leave to withdraw my amendment, I thank noble Lords who have taken part in this debate both today and last week. I particularly thank the noble Baroness, Lady Tyler, for her amendments.

The noble Baroness, Lady Morris, made an important point for us to consider on respite care for young carers, as did the noble Baroness, Lady Nargund, on the identification of women carers. The noble Baroness, Lady Pidgeon, made the point that intervention before crisis occurs is so important. The noble Earl, Lord Howe, spoke about the pressures facing carers more generally.

My noble friend the Minister is resistant to legislation because of the existing needs assessment framework. On the recording of people, she felt that the 10-year plan, alongside the action plan she mentioned, would meet those needs. One must take that as a positive response.

We have been here before, though, and a huge number of carers, faced with the bureaucracy of the local system, find it very difficult to get support. Respite care, in a sense, is a visible indication of the issues that we face. I am sure noble Lords will wish to come back to that.

On my amendments, I am grateful to the noble Baroness, Lady Finlay, for her support last week, and also to Care Rights UK and to John’s Campaign, which have been campaigning for a long time to see some statutory protection for loved ones and partners who see and have concerns about the way their loved ones are treated in a care home. They have faced vindictive action by the people operating those care homes for raising legitimate concerns.

I take the Minister’s point about definitions; obviously, that is something to reflect upon. I also take the point about the current statutory duties. However, I think that people need some protection against the behaviour of so many care homes, when faced with legitimate questions about their loved ones. I hope, because the noble and learned Baroness, Lady Hallett, produced her recommendation on this only recently, that the Government will consider legislation in the light of it. Having said that, I beg leave to withdraw my amendment.

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[Baroness Pidgeon (LD)]

My Lords, I am grateful for the support for this group of amendments from noble Lords across the Committee. If the health service is to be truly patient-centred, patient choice needs to be a key part of this. Different patients will have different needs. Therefore, choice is a key part in having ownership of their care and treatment.

My Amendment 23 in this group picks up a key issue as we move to greater use of digital health. The NHS app will start to play a greater role. My amendment picks up the potential loophole that if a patient is seen in person, they may be referred for treatment or diagnostics by their GP or other primary care practitioner and given a choice of where to go for their referral. However, if this is done virtually, via an app or online, patients may not have the same choice that they would have received in person. This amendment seeks to ensure that there are no closed lists and that patients are referred to one provider only. Amendment 24 is similar in its aims.

Amendment 67 in my name, Amendment 22 in the names of the noble Lord, Lord Kamall, the noble Earl, Lord Howe, and the noble Baroness, Lady Neville-Rolfe, and Amendment 68 in the names of the noble Lord, Lord Kamall, and the noble Earl, Lord Howe, are similar. My amendment specifically pushes for patient choice for non-consultant-led community services, including optometry-led glaucoma care and community urgent eye care services. The amendment seeks meaningful choice from providers available in an ICB area for out-of-hospital services. We know that waiting lists have increased for community services, yet these are often preventive services. I have raised in this Chamber before that 600,000 people are on hospital waiting lists for eye care services, yet we have optometrists on every high street who could be used to help address this and bring routine treatment nearer to people’s homes, thus leaving specialists able to deal with patients who need their services in a more timely manner.

Audiology, as we have heard, is another really important area. As the noble Earl, Lord Howe, highlighted, NHS community audiology services are commissioned across the whole of an ICB area in just 42% of ICBs. This means that the majority of patients are being denied choice. Often, patients are required to attend hospital-based services and experience long waits for services which could be offered safely and in a more timely manner in the community. This could be nearer to home or to a family member’s home—somebody who helps them get to an appointment and helps them with transport—giving them genuine choice. If we are serious, as we debate the Bill, about shifting care out of hospitals and into the community then patients must be given the same right to choose their provider for community services as they currently have for consultant-led hospital care.

Community waiting lists have now reached record levels, with around 1.25 million people waiting for treatment. Patients should be empowered with clear information on waiting times and location, allowing them to choose the provider that best meets their needs. By placing choice in the hands of patients rather than commissioners, which it too often is, we can improve access to timely treatments and actually deliver on the Government’s ambition of more personalised care closer to home. I look forward to the Minister’s response.

[Baroness Merron (Lab)]

My Lords, I will address the wider principles underpinning Clause 5 and Amendments 22, 23, 24, 67 and 68. I am grateful to noble Lords for their contributions and consideration of matters that are key to patient choice—a concept that is, as I know noble Lords are aware, neither new nor innovative but is absolutely at the core of the Bill.

Clause 5 introduces new duties to require the Secretary of State to promote the involvement of patients, their carers and their representatives in decisions relating to the prevention or diagnosis of illness, care or treatment. This applies where the Secretary of State exercises her health functions. As I said, this is absolutely core to the Bill and I am sure that noble Lords will welcome that.

The clause also requires the Secretary of State to act with a view to enabling patients to make choices about the health services provided to them. I hope that noble Lords are aware that the Government are committed to involving patients and carers in decisions about their care, as we discussed in the last group. One of the reasons is that we know it supports better experiences of care and in many cases leads to a better outcome. It is not just a “nice to have”, but a “necessary to have”.

I refer the noble Baronesses, Lady Manzoor and Lady Coffey, and the noble Earl, Lord Howe, to the new Choice Charter, which will strengthen this approach by setting out—this is key—what patients can expect so that they can make informed decisions about their health and care. There is no point in just expressing a wish to have patient choice if we are not equipping patients to make that choice. That is why we are protecting the patient’s right to choice and the duty to involve them in decisions. As I said, that will remain a central principle of the health system. I was glad to hear noble Lords across the Chamber welcoming the move from hospital to community provision. As the noble Baroness, Lady Pidgeon, set out, many services can be provided better in the community than they can in hospital. I welcome that support.

Amendments 22, 23, 24, 67 and 68 have been tabled by the noble Lord, Lord Kamall, and the noble Baroness, Lady Pidgeon. These amendments would go further than Clause 5 currently does by expanding patients’ right to choice to a wider range of out-of-hospital services and onward referrals by virtual and integrated health services, and by prescribing how this must operate in practice. I reconfirm our commitment to strengthening patient choice as part of our wider agenda to improve access to care and reduce waiting times. It might be helpful to remind your Lordships’ House—the noble Earl, Lord Howe, might be particularly interested in this—that existing choice rights already apply to some consultant-led out-of-hospital services where the regulatory conditions are met. These include dermatology, pain management services, gastroenterology and diabetes services.

The noble Lord, Lord Patel of Bradford, made a number of key points. Community services are by their very nature designed differently from hospital services. I assure him that those who need help to exercise their choice will get it around what their needs are. They will not simply be expected to manage with one size fits all. The points that have been made are fair and I take them on board but, as a point of principle, we do not think that this level of operational detail, important though it is, is appropriate for primary legislation. Our preference is to use secondary legislation to set out the services covered by choice rights and the detailed requirements for offering choice. The key thing is that that will allow that framework to be updated as services, evidence and system capability develop, because we are not going to be stuck in one place and healthcare will develop as we go along. I say to the noble Lord, Lord Patel of Bradford, that we will continue to look at the scope of the choice rights and ensure that we are provide the most effective offer to patients.

I say to the noble Baroness, Lady Coffey, and the noble Earl, Lord Howe, that we are taking the practical actions they seek, as set out in the elective reform plan. We are empowering people to take control of their health by making the NHS App and the “Manage Your Referral” website the default route for patients to choose their provider. To enable patients to make an informed choice, we are improving the information available to them, following the point I made earlier, including on waiting times. The noble Lord, Lord Patel, was right to say that not everybody can use online access. We completely understand that, and I emphasise that online tools are in addition to traditional channels. We will ensure that people who need help to make a choice receive that support and information in the way that suits them, as raised by the noble Baroness, Lady Pidgeon.

On the point made by the noble Baroness, Lady Neville-Rolfe—this might also be helpful to other noble Lords—patients will continue to be able to choose any provider that holds a contract to deliver NHS services. As I said in my letter to the noble Baroness, that includes independent sector providers, within set circumstances. It is the responsibility of ICBs to ensure that their processes comply with the right to choose. That includes any qualifying contract requirements, clinical appropriateness and eligibility criteria. There is guidance for the use and implementation of indicative activity plans and activity management plans. That is detailed in the NHS standard contract technical guidance. If the noble Baroness would like more information, I will be happy to ensure that it is there.

The noble Baroness, Lady Manzoor, talked about the need for real choice to be strengthened. The government guidance on choice makes it clear that GPs, dentists and optometrists have clear duties to ensure that patients are offered a choice of where they go to their first out-patient appointment. I totally agree with her that a right is only as good as the information and confidence that you have. That is why we are taking these steps.

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[Baroness Pidgeon (LD)]

Before the Minister sits down, she mentioned that the Government are minded to use secondary legislation rather than amendments to the Bill. Are the Government minded to include the non-consultant community services we have been discussing in the Chamber today in such secondary legislation, for genuine patient choice?

[Baroness Merron (Lab)]

Secondary legislation will ensure patient choice across all NHS services, so that will be included.

[Baroness Neville-Rolfe (Con)]

I think the Minister’s answer showed that this local variation is a problem, partly because of the standards, contracts and framework that she described. Some of this may be in future secondary legislation, as the Minister has just said. I would like to pursue this a bit further to see if one can tap the capacity that could reduce waiting times in these important community areas of medicine. I am worried that the existing system is not providing the incentive for that. I would like to understand a little more detail, perhaps in a meeting before we get to Report.

[Baroness Merron (Lab)]

I would be very happy to do that.

[Lord Scriven (LD)]

I have been listening very carefully and, in answer to my noble friend, the Minister has just said that secondary legislation will be for all NHS services by choice. What stops that being put on the face of the Bill?

[Baroness Merron (Lab)]

This is the point I have just raised: we feel that secondary legislation is the better place to put it for flexibility and future-proofing; it is not appropriate, in a static way, for primary legislation.

[Lord Scriven (LD)]

As I am sure the Minister agrees, that would make sense if you were putting the operational services down. If you were making a commitment in Clause 5 that all NHS services in secondary, primary and community services will be accessible for choice, it would then give discretion within that boundary. I do not understand what stops the Government putting those principles on the face of the Bill, rather than making the operational amendments, which the Minister said were too restrictive.

[Baroness Merron (Lab)]

I think we just have a difference of approach to and opinion about the roles of primary and secondary legislation. I respect what the noble Lord is saying and I will of course review the points that have been made, as I always do; however, the position is exactly as I have described.

[Earl Howe (Con)]

My Lords, I am most grateful to the Minister for her response and, indeed, to all noble Lords who have contributed to this debate. This has been a valuable opportunity to explore how we can give patients greater choice while making better use of the resources and expertise available across our wider healthcare system. In particular, services such as optometry and audiology have been highlighted.

I was encouraged by much of the Minister’s response, particularly her reference to the need to empower patients, not least to optimise patient outcomes. She is right that there are already several consultant-led NHS services delivered in the community. It would be helpful, though, if she could reflect on the issues I raised about audiology, which is not consultant-led. Perhaps she could consider what could be done to increase audiology provision in the community. As I said at the outset, our intention is not to undermine the NHS but to support it. Where independent charitable and community providers can deliver high-quality care closer to home and more efficiently, we should be making full use of that capacity.

My noble friend Lady Coffey rightly said that politicians of every colour all too easily make declaratory statements about choice, but that we do not do enough to bring meaningful choice to the attention of patients. I confess that I worry sometimes that the absence of choice in certain situations may, in part, not be wholly unintentional. As we heard from my noble friend Lady Neville-Rolfe, it sometimes seems to suit NHS commissioners not to bring down waiting times. The primary reason for that, I suspect, is the way commissioners channel and direct their commissioning budgets. It is important, though, to keep in mind, and perhaps remind commissioners, that out-of-hospital services can often be less expensive to provide than services delivered in hospital.

Having said that, I hope the Government will take these points away and give further consideration to how patient choice can be strengthened as this Bill progresses. For now, I beg leave to withdraw Amendment 22.

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[Lord Kamall (Con)]

My Lords, this has been an important and timely debate, coming not long after the Terminally Ill Adults (End of Life) Bill and the Prime Minister’s remarks. While these amendments address a range of issues, they all point to the same conclusion: palliative and end-of-life care must have a central place in this conversation.

If the Government are serious about shifting care from hospitals into communities, supporting people to remain closer to home—notwithstanding the comments from the noble Baroness, Lady Barker—and delivering truly patient-centred care, palliative care must be part of that vision from the outset. The need for action is clear. Marie Curie estimates that each year around 170,000 people in England die with unmet palliative care needs, equivalent to almost one person every three minutes. We must ensure that those approaching the end of their lives can access the support they need, when and where they need it. This is closely linked to my noble friend Lady Coffey’s amendment. She spoke movingly of her mother’s experience and the need to ensure that patients have access to high-quality palliative care, wherever they happen to live and choose to die.

If the Government’s proposed national care service is to succeed, it cannot simply be a discussion about structures, responsibilities and reorganisations. It must be about the experience of those who rely on care. No group demonstrates that more clearly than people approaching the end of their lives. Palliative care is perhaps one of the clearest examples of where health and social care are inseparable. While clinical support may be provided by the NHS, the ability of a person to remain at home or close to home, to maintain their dignity and spend time with loved ones, often depends just as much on the availability of social care. For many families, social care provides the day-to-day support on which good end-of-life care depends. Evidence shows that when effective support is available in the community, people are more likely to be cared for and pass away in a place they choose, rather than in hospital. As the noble Baronesses, Lady Finlay and Lady Hollins, said, this will also reduce hospital deaths, save the NHS money and make more beds available.

Palliative care does not begin and end with the NHS; it depends upon social care providers, community services, carers, local authorities, hospices and voluntary organisations working together around the individual and their family. When those services are joined up, people are more likely to receive care in the setting they choose and with the support they need. When they are not joined up, it can profoundly affect those approaching the end of their lives.

In that context, I welcome the amendment from the noble Baroness, Lady Finlay, which recognises that good palliative care depends not on any single organisation but on effective collaboration across the NHS, adult social care and the voluntary sector. Too often, services that support people approaching the end of their lives are commissioned, funded and delivered separately, despite the fact that patients and families experience them as part of a single journey. The amendment would help to ensure that integrated care boards take active steps to bring those services together, whether through access to specialist hospice care, shared equipment, medicines, workforce development or closer collaboration between providers.

Crucially, the amendment recognises the vital contribution of hospices and charitable organisations to the delivery of palliative and end-of-life care. These organisations are not peripheral to the system; they are an essential part of it. If the Government are serious about creating a national care service and a neighbourhood health service that are genuinely joined up for patients, the expertise and capacity of the voluntary sector must be properly integrated into the way care is planned and delivered.

Indeed, some of the most important services available to people at the end of their lives are delivered by hospices and charitable organisations. For decades, as the noble Lord, Lord Hunt, said, the voluntary sector has not merely supplemented statutory services but has been fundamental to the provision of specialist palliative care. But too often it is forced to operate at the margins of the system, dependent on local arrangements, local funding decisions and local fundraisers, and subject to tax rises, such as employers’ national insurance, from which state providers are understandably exempt. The noble Baroness, Lady Bennett, shared examples of recent hospice closures.

If the Government wish to build a neighbourhood health service and develop a national care service, integration must mean integration not only within the NHS but between the NHS, adult social care and the voluntary sector. Ultimately, the measure of success will not be the structures we create but whether individual patients receive seamless support at one of the most difficult moments of their lives and for their families.

The issue of patients having a conversation about their end-of-life care, addressed in the amendment in the name of the noble Baroness, Lady Pidgeon, was illustrated by the very moving stories from the noble Lord, Lord Patel, the personal experience of the noble Baroness, Lady Barker, and the concerns raised by the noble Baroness, Lady Grey-Thompson. These amendments seek to move us towards that goal. I hope that the Minister will give careful consideration to the issues that have been raised during the debate.

[Baroness Merron (Lab)]

My Lords, I can certainly confirm to the noble Lord, Lord Kamall, that I will give complete consideration to the points raised.

As other noble Lords have acknowledged, I thank the noble Baroness, Lady Barker, and the noble Lord, Lord Patel, for bringing their loved ones’ stories into the Chamber for the benefit of others, and for their willingness to share with us such a painful but realistic time. I believe that many people will identify with what the noble Baroness and the noble Lord said, and it will mean so much to so many.

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[Lord Stevens of Birmingham (CB)]

Conditionally.

[Baroness Merron (Lab)]

The noble Lord says “conditionally”. I would I expect it always to be conditional, but I thank him for clarifying.

To address the concerns of the noble Baroness, Lady Coffey, as we have already discussed in Committee, Section 1C of the NHS Act 2006 states:

“In exercising functions in relation to the health service, the Secretary of State must have regard to the need to reduce inequalities between the people of England with respect to the benefits that they can obtain from the health service”.


This is a deliberately overarching duty that applies across the whole of the health service, so we do not consider it appropriate to create separate versions of that duty for individual services. That would risk duplication and make the legislative framework overly prescriptive.

The much talked about modern service framework for palliative care and end-of-life care was referred to as a “trick or treat” test by the noble Lord, Lord Stevens —I will leave him to conclude, when I finish. I also assure the noble Baroness, Lady Coffey, that no one in this Chamber wants her to feel grumpy, and I am sure that nobody in the department wishes her to feel grumpy.

The modern service framework will focus on reducing inequalities. It will identify, measure and reduce inequalities, and reduce unwanted variation in access, experience and outcomes—I say to the noble Baroness, Lady Grey-Thompson, that that absolutely includes in respect of disability. The modern service framework is indeed anticipated in the autumn, which we remain in. I know that we are all keen to ensure that everyone can receive high-quality and personalised care in the right place at the end of life. I look forward to the modern service framework giving us the best way forward on that.

I turn to Amendment 78, also in the name of the noble Baroness, Lady Finlay. As per Clause 21, the Secretary of State is already required to undertake an annual performance assessment of each ICB in discharging its statutory functions. Again, that was spoken to by my noble friend Lord Hunt. I say to the noble Baroness, and to the noble Baroness, Lady Hollins, that the latest report for 2024-25 was published on 17 December last year. Future assessments will continue to consider how ICBs are discharging their statutory palliative care duties. I very much understand the calls from noble Lords across the Chamber and their emphasis on how important this is.

The modern service framework will indeed build on the ambitions set out in the neighbourhood health framework, which includes increasing the identification of those approaching end of life by 10% and reducing non-elective admissions and hospital bed days by 10% for those at end of life. I take the point that the noble Baroness, Lady Hollins, made about measurement and ambition in particular. On the NICE guidance in this area, in keeping with all NICE guidance, although it is not statutory or legally binding, as local healthcare professionals need autonomy to make clinically appropriate decisions in relation to their patients, there is an expectation that commissioners and service providers take it into account when they make those decisions on how to meet the reasonable needs of their populations.

On Amendment 230, tabled and spoken to by the noble Baroness, Lady Pidgeon, alongside the existing statutory framework that I have already outlined, the already published universal principles for advance care planning promote opportunities for individuals, including those with a terminal diagnosis, to discuss their wishes, their preferences and the clinical recommendations. Health and care professionals are expected to provide appropriate opportunities for individuals to engage in advance care planning. This area was spoken to by the noble Lords, Lord Kamall and Lord Patel, as well as the noble Baroness, Lady Barker.

These principles explicitly recognise the importance of involving a person’s family, carers and those who are important to them. I emphasise the point that those who are important to us do not always come neatly packaged. They are to be involved in discussions, including through the nomination of a named spokesperson. The outputs of these discussions may include one or more of the following: an advance statement —I have heard how helpful that is, along with the importance of an advance decision, where it is to refuse treatment—context-specific treatment recommendations and lasting power of attorney, where it is appropriate, in line with the Mental Capacity Act 2005.

Additionally, for those nearing the end of their life, the Government’s priority is to provide people with financial support quickly and compassionately. The noble Lord, Lord Patel, and the noble Baroness, Lady Barker, both spoke to the absolute importance of compassion being at the core of everything that is done. In a practical sense, the main way that this is done is through the special rules for end of life, which apply to five key benefits, including the personal independence payment.

I move on to the points on medicines access raised under Amendment 242, tabled by the noble Baroness, Lady Finlay. The pharmacy quality scheme forms part of the community pharmacy contractual framework. The scheme’s palliative and end-of-life care domain aims to ensure sufficient arrangements are in place so that patients, relatives, carers and healthcare professionals can obtain medicines in a timely manner—again, something spoken to very clearly by the noble Lord, Lord Patel. ICBs commission out-of-hours dispensing arrangements where there is a need for patients to access medicines outside core pharmacy hours.

Finally, I will address Amendment 26, tabled by the noble Baroness, Lady Finlay, on which we heard a number of contributions. Funding for palliative and end-of-life care is available through existing NHS funding arrangements and, as I have outlined, ICBs have statutory responsibility for commissioning. Indeed, as we have discussed on a number of occasions, local commissioners are best placed to determine how funding should be allocated according to the population need, local service provision and the best use of available resources. The ring-fenced fund proposal, which would mean establishing it in primary legislation, would, we believe, risk being overly prescriptive and would limit the flexibility of local commissioners to determine how resources are best used.

On the point about hospices and funding, I very much recognise, as have noble Lords, the absolutely vital part that voluntary sector organisations, including hospices, play when providing support to people at the end of life, but also to their loved ones. It is also worth noting that the majority of palliative and end-of-life care is provided by NHS staff and services, to whom and for which we are also most grateful. It is true that the amount of funding for each charitable hospice will vary but, by definition, that depends on the demand in local areas and on the type of palliative care provision. My noble friend Lord Hunt made the point that hospices value their operational independence—that is something that I have found in my discussions with them—and they are great innovators. I understand the point about funding, as I do in this whole area. However, when I have looked at this and spoken with hospices, that ability to operate independently is one that they really value.

The modern service framework will ensure that palliative care and end-of-life care is well within a strategic commissioning model. Importantly, there will be clear and transparent contractual arrangements, which I hope noble Lords will welcome.

[Baroness Finlay of Llandaff (CB)]

My Lords, I am extremely grateful to all noble Lords who have spoken in this debate, particularly my noble friend Lord Patel and the noble Baroness, Lady Barker, for sharing recent experiences, and my noble friend Lady Hollins and the noble Baroness, Lady Coffey, who have also drawn on their experiences. Everybody in this Chamber has experienced being bereaved: it is a universal experience, and we all carry with us the mark of whatever happened.

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[Baroness Merron (Lab)]

My Lords, I am grateful to the noble Lord, Lord Kamall, for bringing this debate before the Committee. I commend his honesty that this is born out of frustration and a wish to improve things, rather than seeking a legislative response—something the noble Lord, Lord Scriven, also observed in looking at the amendment. I agree with the noble Lord, Lord Scriven, that the amendment raises important points to be considered more broadly, so I assure the noble Lord, Lord Kamall, of that consideration.

I will make a few points that may be helpful. The NHS Innovation Service already provides a wide national point of access. The way it works is that an innovator makes one request, creates one product record and is referred according to product type, maturity and location. More than 2,200 products have been registered with and have received support through the service, including 710 innovations in the 2025-26 financial year. All health innovation networks participate alongside 11 other organisations. That means that innovators have access to a broad range of expertise through a single service. Almost all products reach at least one health innovation network and are referred to four organisations on average. Innovators may also approach a network directly. Support can span several networks and regions, with onwards referral requiring no new application. Uptake is already reported at a high level while, of course, protecting commercial confidentiality.

I hope that the noble Lord, Lord Kamall, will understand that funding a second route—or, as I believe the noble Lord, Lord Scriven, said, a second front door, which would confuse us—where an effective national service is already in place may not exactly represent what we might call the most effective use of public resource. The amendment’s core aims are therefore already met. Prescribing an operating model in legislation could limit its ability to evolve—something I know the noble Lord understands.

The noble Lord, Lord Kamall, asked about health innovation networks. I can confirm they are subject to performance and impact monitoring. They also produce impact reports to show what their local impact is. The noble Lord, Lord Scriven, asked what would happen following the abolition of NHS England. Nationally funded health innovation networks’ work will continue and will be overseen by the Secretary of State. I will look at the other points that have been raised, because they are all certainly relevant and will be drawn to the attention of my colleague, the relevant Minister, Chris McDonald.

[Lord Kamall (Con)]

My Lords, I am grateful to the very many noble Lords who queued up to speak in this debate—I obviously raised a very important point. I am also grateful to the noble Lord, Lord Scriven, for reminding me how innovative I was when I was the Technology and Innovation Minister. In fact, I set up the very service that I am now asking for many years later. It does beg a question, because even I, as the person who set it up, still did not know that this service existed. When I speak to people in NHS England and elsewhere and say, “You know what you need? You need a front door for innovators”, they say, “You’re absolutely right; we haven’t got one”. So even people in NHS England do not know that this exists.

I was up front that I knew this was not meant to be in the Bill. I just wanted to get discussion. It probably helped to prompt my memory as well—my thanks to the noble Lord, Lord Scriven—but it is really important that more people know about the NHS Innovation Service. Perhaps the Minister could write to me and the many other noble Lords who are interested in this topic to let us know what the Government intend to do to promote the NHS Innovation Service, so that more people are aware and so I do not ask for the same thing next time we have a health Bill.

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[Baroness Merron (Lab)]

My Lords, I am grateful for the debate we have just had. Unsurprisingly, but not exclusively, a lot of it focused on the promised workforce plan, so I will address that straight off. There has been lots of thought about why it is “in due course”, and that is the situation. I am glad that the noble Baroness, Lady Coffey, appreciated the impact, without blame, of a new Secretary of State: she is well placed to speak to that point.

Let me say that, first, our absolute commitment to the workforce plan for the NHS remains. There is no shift in that. I also say that, as I mentioned, the reason we await it and it is “in due course” is that, as is absolutely reasonable and right, a new Secretary of State has to be allowed to provide views; that is the situation. I hope that clarifies the position.

With permission, I will address Amendments 28, 92, 240, 252, 253 and 279J together. Amendments 28 and 253 have been tabled by the noble Baronesses, Lady Shawcross-Wolfson and Lady Pidgeon. I absolutely agree that the health and care workforce is fundamental. It is fundamental to everything we are doing and to this entire debate, and it is fundamental to the interests of patients, which is why we will publish the 10-year workforce plan. As most noble Lords spoke to the plan, I will emphasise that the Secretary of State already has duties to ensure effective planning and the delivery of healthcare, education and training—as has been called for, rightly—and also has a duty to report on the system for assessing and meeting NHS workforce needs.

To the noble Lords, Lord Kakkar, Lord Stevens and Lord Kamall, I can say that an expert panel of external stakeholders has scrutinised the 10-year workforce plan approach to workforce planning. To the noble Baroness, Lady Hollins, I can confirm that sickness absence is indeed factored in to the workforce planning process. I heard the noble Lord, Lord Stevens, talking about the way in which the workforce has changed; that is absolutely right and, again, the plan will reflect that.

The noble Lord, Lord Kakkar, and the noble Lord, Lord Stevens, raised points about short-termism versus long-termism in workforce planning, and so on. I am sure noble Lords will understand that decisions about the education and training of healthcare professionals will continue to be driven by data, based on evidence and intelligence led. That will be through the new restructured system. The point here is to make sure that we have the right people in the right places, with the right skills, to care for patients when they need it.

The noble Baroness, Lady Hollins, asked about a bottleneck in medical training pathways. I can say on that point that noble Lords will recall the passage of what became the Medical Training (Prioritisation) Act, and we are easing competition for medical training by prioritising UK-trained graduates for foundation specialty training places, alongside some other groups. The recently agreed 2026 resident doctors deal also significantly expands specialty training places by up to 4,500 over three years, including 1,000 next year.

The noble Baroness, Lady Gerada, made a very strong, and correct, point about the role of district nurses, borne out by the noble Baroness, Lady Barker. Through NHS England, we are actively monitoring future nursing and midwifery student numbers and will continue to assess the 2025-26 graduate guarantee as a mechanism. There is a wide range of measures to support students, educators and universities with the transition into employment, including Student Hub, which offers guidance and resources for students and newly qualified practitioners.

To the point made by the noble Baroness, Lady Barker, I will be pleased to speak to colleagues in the Home Office about the supply of district nurses, if not directly then through the appropriate Minister.

The noble Baroness, Lady Shawcross-Wolfson, in her opening comments made reference to numbers of GPs. We have committed £292 million for GP recruitment this year, which translates to 1,600 GPs, and there are 4,100 more GPs than a year ago. It is important to note that, while we wait for a workforce plan, we have not waited in taking action. For example, we have resolved the long-running doctors’ dispute and we have published a set of core NHS staff standards.

On adult social care, and the point made by the noble Baroness, Lady Harding, that was another point I pushed when we last debated this matter and when we were in Opposition. There was also a comment about legislating on planning duties. That would pre-empt the vital work to develop a national care service which will follow from the recommendations of the noble Baroness, Lady Casey, which we will receive in the summer. That work will have important implications for the shape and skills of the future adult social care workforce. I agree with noble Lords: it is inextricably linked with the NHS workforce, which is a point I have made over a number of years. In the meantime, we will commit to publishing a workforce plan and we will set out immediate action to further support and develop the adult social care workforce.

My noble friend Lady Rafferty tabled Amendment 279J on continued professional development for nurses and midwives. I agree that that is critical for patient safety and outcomes. That is why we are investing in their professional development, with £181 million of continued professional development funding allocated for nurses, midwives, nursing associates and allied healthcare professionals in 2026-27 as part of a three-year cycle and to support equitable access to professional development. To respond to her questions, I can tell my noble friend that organisations are responsible for the planning and governance of their CPD, to ensure that staff have a fair opportunity to benefit from the funding. We expect employers to provide support, supervision and guidance, and to foster a culture of continuous learning, which, again, we would expect throughout the NHS.