Care Bill [Lords]

Debate between Jeremy Lefroy and Andy Burnham

Tuesday 11th March 2014 Commons Chamber

[Jeremy Lefroy]

I am grateful to the hon. Member for Stoke-on-Trent North (Joan Walley) for playing an extremely important and constructive role in this whole matter. She has been very supportive, and she makes some extremely important points. We need to look at the whole issue of administration, to which I will come in a few moments.

The Secretary of State’s decision to introduce the addition has given me considerable comfort about new clause 6, which I tabled before his decision, not being necessary. He does not seem to consider himself entirely constrained by the law into only accepting or rejecting Monitor’s recommendations in full; there is clearly room for proposing changes to details while still accepting the main thrust about the dissolution of a trust.

We shall of course need to see the results of the NHS review of consultant-led maternity services. If, as I hope, they are retained as a vital part of the regional health service—together with the level 1 special care baby unit, which serves a much wider area—it is important that finances are put in place to ensure that they are sustainable. I would therefore welcome clarification from the Minister about how the Department of Health now interprets the law.

If the Secretary of State’s decision on Mid Staffordshire demonstrates that the law allows for positive changes to the details of recommendations without Monitor having to go through another lengthy and legalistic process at a time when, as in the case of Stafford, a hospital is in a very fragile state, I welcome that fact, and new clause 6 will be unnecessary. However, if the Minister wants confirmation of the flexibility set out in the new clause, I would be happy for the Government to accept it or something similar.

Finally, to return to the question of trust special administrations, I believe that they are the right way to dissolve the legal entity of a foundation trust, but they are most certainly not the right way to redesign clinical services. That is not to criticise Monitor generally or the trust special administrators in the case of Mid Staffordshire—I believe that they acted within the remit given to them by this House—but we as a House did not get it right either in 2006 or in 2012. I urge a complete rethink, starting today.

[Andy Burnham (Leigh) (Lab)]

I rise to speak to my amendment 30. When the coalition came to office, it made a series of grand promises about future changes to hospital services. The coalition agreement proclaimed:

“We will stop the centrally dictated closure of A&E and maternity wards, so that people have better access to local services.”

GPs were to be put in the driving seat and given the power to shape local services. That was then; now we have a Secretary of State who has not just failed to stop centrally dictated closures but wants to legislate to make them much easier. What a difference four years make.

Clause 119 allows a hospital to be closed or downgraded simply because it happens to be near a failing one. It denies local people a meaningful say in those life and death decisions. It creates an entirely new route for hospital reconfiguration—top-down and finance-led. It subverts the established process in the NHS, which requires that any changes to hospitals should first and foremost be about saving lives, rather than saving money. It puts management consultants, not medical consultants or GPs, in the driving seat. By any reckoning, it represents a major change of policy from the one originally set out by the coalition.

Managing Risk in the NHS

Debate between Jeremy Lefroy and Andy Burnham

Wednesday 17th July 2013 Commons Chamber

[Andy Burnham]

I always took action when anything was brought to me. When mortality data on Basildon hospital were published, I immediately ordered an in-depth review of all hospitals in England, which led to warnings on five of the trusts on the Keogh list. Those warnings were inherited by the hon. Gentleman’s Government, but Ministers allowed those trusts to carry on cutting staff, and the same was true for the hospital in the constituency of my hon. Friend the Member for Denton and Reddish (Andrew Gwynne), even though it was subject to a warning about patient care. I think that Government Members have to look at themselves before making claims.

On the duty of candour, the final recommendation that we need to see progress on relates to the regulation of health care assistants, which is long overdue. If the Secretary of State took these three sensible measures, he would provide support to staff and reassurance to the public, but they are not in themselves the answer to the structural challenge the NHS faces. That brings me to my final point on the longer-term solution. I have thought long and hard about what happened at Stafford hospital and why we hear recurrent echoes of the same elsewhere in the NHS, with older people lost on acute hospital wards, disorientated and dehydrated. I believe that the problem goes far deeper than any regulatory solution. Governments of all colours have underinvested in social care over many years, and in the end we get what we pay for: a malnourished, minimum wage system that dishes out care in 15-minute slots, which is barely time to make a cup of tea, let alone exchange a meaningful word.

Looking after someone else’s parents should be the highest calling that any young person can answer. However, if we are honest with ourselves, the effect of decisions taken here in this House over many years means that the signal we are currently sending is that it is the lowest calling that a young person can answer. Some 307,000 care staff in England—20% of the work force—are on zero-hours contracts. That is an appalling figure. This situation cannot carry on. Good care cannot be provided on a zero-hours, here-today-gone-tomorrow basis.

The collapse of decent social care in England means that too many elderly people are drifting unnecessarily towards hospital. Our hospitals are becoming increasingly full of very frail, very elderly people, and that is not sustainable in either human or financial terms. That is why I have proposed—

[Jeremy Lefroy (Stafford) (Con)]

I understand what the right hon. Gentleman is saying about the situation of care assistants—their low pay and so on—but in Stafford some of the highest-paid people in the organisation showed the least compassion. It is not all about money, although money may come into it. Compassion does not have any regard to income.

[Andy Burnham]

I agree with the hon. Gentleman, and I respect the way in which he continues to pursue the issues arising from what happened in his constituency. Yes, it is not all about money, but it is about the message we send to the people working in our care system. If somebody does not have certainty about the money that they will bring into the family home from one week to the next because they do not know how many hours they will be working, how can we expect them to pass on a sense of security to those they care for? We will not get the care that we all want for everybody’s parents if we carry on with a system that is working as it is. I lay the blame with no one Government; as I said, all Governments have brought this situation about.

That is why I have proposed the full integration of health and social care with one service looking after the whole person and all their needs, physical, mental and social. I hear the Government increasingly borrowing our ideas and our language, and I have no objection to that. However, here is my challenge to the Minister of State, who has been roused by that statement: he cannot speak the language of integration while legislating for fragmentation and competition. We are hearing reports from across the country of sensible collaboration between secondary, primary and social care being blocked by the competition provisions of the Health and Social Care Act 2012. Torbay, the beacon of integrated care, fears that any qualified provider may break up its celebrated model. That has led the Minister to suggest in the Health Service Journal that his integrated care pilot area might be offered exemptions from the Act’s competition provisions. Surely that is the clearest admission from the Government that the Act they passed is a barrier to the change that the NHS needs. Collaboration or competition? Integration or fragmentation? In the end, they have to make a choice; they cannot have it both ways. If the Minister is serious about this, the last offer I make is that we will work with him to fast-track repeal of the competition provisions of the Health and Social Care Act.

Today I have made some positive suggestions about a way forward for the NHS. It is now up to the Government to decide what they want to do. In the past few days, we have seen a glimpse of a Government prepared to run down the NHS, still the country’s best-loved institution, for their own political ends. If, from here on in, they intend to continue with that approach, they will be pursuing a very dangerous path. It will cement an impression in the country that some people have already formed—that the Secretary of State is running down the NHS to erode public confidence in it and to soften it up for privatisation. People suspect that that is the real agenda. Only today, we learned of six NHS trusts preparing for a major expansion in private work under privatisation freedoms given to them by this Government.

Nye Bevan said that there will be an NHS for

“as long as there are folk left with the faith to fight for it.”

I can tell all Government Members that they have not knocked the fight out of me, and I suspect there are millions out there ready to rally to the same cause. People rely on an NHS that puts patients before profit, and Labour will always defend that. This week the Government have revealed their hand and it is nasty. They should pull back or get ready for the fight of their lives.

NHS Risk Register

Debate between Jeremy Lefroy and Andy Burnham

Wednesday 22nd February 2012 Commons Chamber

[Andy Burnham]

Of course, there are lessons to be learned for those in all parts of the House when the Francis report is published, and I can say, on behalf of Labour Members, that we will learn those lessons. However, this Bill goes to the heart of what happened in that case, because it is about autonomy in hospital services, and we know that when one makes an organisation autonomous it can sometimes fail as well as get better. I cannot understand how the Government can be legislating before they have even waited to hear the conclusions of the public inquiry that they set up. Surely that has implications for the Secretary of State’s Bill. Why has he not waited to hear what it says so that it can be properly reflected in the design of the service that he is creating?

[Jeremy Lefroy (Stafford) (Con)]

Given that the right hon. Gentleman opposed the public inquiry at the time, will he now agree with Government Members, particularly the Secretary of State, that it was vital that it took place and that the lessons be learned?

[Andy Burnham]

One of my first acts as incoming Health Secretary was to commission Robert Francis QC to conduct an independent investigation into the events at Stafford on a local level. [Interruption.] Government Front Benchers are saying that it was not a public inquiry. They are right, but let me explain why. I did not commission a full public inquiry because, in my judgment, such an inquiry at that time, with all the glare and focus that it would bring to the hospital, would distract the hospital from its more immediate priority of making services safe as quickly as possible. I said to the chairman of the independent inquiry that if, at any time, he wanted to come back to me and ask for powers to compel witnesses, I would be well disposed towards receiving such requests. Given all the events that have taken place, to hear that the hospital is again having difficulties—that the A and E department is temporarily closed—gives me genuine cause for concern that the fundamental and far-reaching problems there have not been adequately addressed. That should concern us all.

I was talking about the risks identified by the NHS Northamptonshire and Milton Keynes risk register regarding the loss of capacity and problems in carrying out statutory functions resulting from the chaos caused by the Bill.