Health Bill

Ian Byrne Excerpts

Report stage
Monday 7th September 2026 Commons Chamber

All these proposals are designed to improve the Bill, but they will all be rejected and that is a shame. In West Dorset we need a joined-up NHS, accessible NHS dentistry, sustainable GP practices, resilient pharmacies, modern infrastructure and funding systems that recognise the realities of rural Britain and coastal healthcare. I hope the Government will listen.

[Ian Byrne (Liverpool West Derby) (Lab)]

I rise to speak to my new clause 108, because the public rightly expect any company entrusted to operate within our national health service to meet basic standards of ethical conduct, both inside and outside the NHS. In my experience as parliamentary lead on the Hillsborough law, I regularly met members of the public who were shocked that a duty of candour that would compel public officials to tell the truth to the people they served did not already exist. I believe that many of my constituents will be equally shocked that the basic principles of ethical accountability are not already enshrined in Government procurement policy, but they are not.

New clause 108 is not radical. It is a straightforward safeguard requiring the Secretary of State to review the NHS procurement framework and ensure that companies with proven involvement in violations of international law or breaches of internationally accepted standards of business conduct cannot be offered public contracts. Those standards include the UN guiding principles on business and human rights and the OECD guidelines on multinational enterprises. What exactly is there to disagree with? They ask the bare minimum of businesses: that do not contribute to harm, that they carry out proper human rights due diligence and that are transparent about how they handle the data of the people they serve. Yet we currently have a company operating at the heart of our NHS infrastructure, through the federated data platform, that fails to meet that basic standard. I am talking about the US tech firm Palantir.

Palantir has consistently refused to publish a formal human rights impact assessment for its software used in Israel’s assault on Gaza, in violent ICE detentions in America, and in its use of NHS staff and patient data. Such a lack of transparency is not a technicality but a serious failure to meet the standards in the UN and OECD guidelines. I first raised concerns about Palantir’s NHS contract in a letter to the then health Secretary in August 2023, and these concerns have been echoed by many, many others. I am pleased that Parliament has started to push back, with calls from numerous Committees for Palantir to be dropped.

I also fully support new clause 34, tabled by the hon. Member for Newton Abbot (Martin Wrigley). Patients trust the NHS with the most sensitive information they possess.

[Martin Wrigley]

Does the hon. Member agree that it is a fundamental principle of anything like the SPR that it must have privacy by design at the centre of it, and that therefore a firm such as Palantir—which has a US, slightly cavalier and somewhat casual attitude to how data privacy should be controlled—should not be allowed anywhere near it?

[Ian Byrne]

I fully agree; I have signed the hon. Gentleman’s amendments and we have been in many Committees speaking on this issue.

New clause 108 provides a proportionate and evidence-based mechanism to address this issue. The new clause does not name or target any individual company. It would establish a clear and principled test, rooted in international law and internationally accepted standards, that every contractor must meet. If a company such as Palantir cannot meet that test, it should never hold contracts in our NHS or with Government Departments. I have repeatedly urged the Government to trigger the 2027 break clause in Palantir’s contract to operate the federated data platform. I make that call again tonight.

It is only through a measure such as new clause 108 that we can ensure that companies such as Palantir cannot operate in our public services again. It should be accepted, but the principle behind it should not end with the NHS. It should apply across every Government Department, led by the Cabinet Office. The Cabinet Office’s report on social value and procurement, published last month, was welcome, but it contained a glaring omission: a clear ethical foundation. My clause would provide that crucial and much-needed safeguard, ensuring a legislative framework that prevents companies with records like Palantir’s from securing public contracts in the future.

Last week, I visited the Vatican and spoke with officials about how the United Kingdom could lead the world in the ethical use of artificial intelligence and advanced technologies. Tonight, my Government have a real opportunity to put a marker down and demonstrate that Britain intends to be at the forefront of that global movement. I look forward to helping them achieve that if they adopt my new clause. Let us make it clear that scrutiny, transparency and respect for human rights are not optional extras in public procurement, but conditions of entry for any company seeking to serve NHS workers and patients. That is what new clause 108 calls for, and that is the change that will be welcomed in Liverpool West Derby, across our country and, indeed, in the halls of the Vatican. I look forward to the Government’s response.

[David Chadwick (Brecon, Radnor and Cwm Tawe) (LD)]

I rise to speak in favour of new clauses 133 and 134, which stand in my name. The new clauses would require the Secretary of State to work with Welsh Ministers to update the England and Wales cross-border healthcare statement of values and principles, and to bring forward proposals to place those principles on a formal legal footing.

For many people living along the border, cross-border healthcare is simply a fact of life. In Powys, at least 40% of people depend on hospitals across the border in England. Yet the framework governing how our two healthcare systems work together is based on a voluntary statement of values and principles dating back to 2018. We do not need to look far to see why the current arrangements need reform. Since last July, Powys teaching health board has been asking English hospitals treating Powys residents to treat them more slowly than patients from England as part of cost-cutting measures, despite the fact that they had always previously been treated as equals. The impact of that decision has been devastating. Many patients have had their waiting times increased to up to two years—forced to wait longer in pain, all while their conditions deteriorate.

It is not just me and the Liberal Democrats who have been sounding the alarm; providers on the English side of the border have resisted the arrangements because of concerns about the impact on patients. However, there seems to be little will to resolve the issue from either the Welsh Government or the health boards responsible. Meanwhile, patients are falling through the cracks. My constituents should not have to navigate the administrative boundaries between the NHS in England and NHS Wales simply to get the arrangements and treatment they need. Eight years after the statement of values and principles was introduced, the limitations of relying on a voluntary statement with no formal legal footing are clear.

New clause 134 would require the Secretary of State to work with Welsh Ministers to update that statement, reflecting the problems that cross-border patients face today. Crucially, it would also require the Government to bring forward proposals within two years to place those principles on a statutory footing. The border should never be a barrier to receiving healthcare. It is time to update and strengthen these principles and give cross-border patients the statutory protections they deserve, because I fear that cross-border healthcare will continue to deteriorate over the next couple of years.

Over the summer recess, I held a series of public meetings in response to plans by Powys teaching health board to cut the number of community beds, which will just mean that more people end up stuck in community beds on the English side of the border.