Health Bill

Debate between Karin Smyth and Steve Barclay

Report stage
Monday 7th September 2026 Commons Chamber

[Karin Smyth]

I will not. We have heard a lot from the hon. Gentleman, and I want to make some clear points to the House this evening.

We have heard a great deal of discussion about commercial processes, and Members—including the hon. Member for Newton Abbot (Martin Wrigley)—have raised important points about data security, governance and ethical standards of contracts, and support for domestic suppliers and for voluntary, community and social enterprise organisations. Contracts involving NHS data and digital services must be subject to proper scrutiny. The Government’s approach is to assess risks on the basis of the nature of the data, service and supplier access. Crucially, we already have the tools that we need to carry out appropriate due diligence through legal powers and robust contractual provisions.

I agree with the spirit of new clause 108, tabled by my hon. Friend the Member for Liverpool West Derby (Ian Byrne). I fully recognise the importance of ensuring that the NHS does not inadvertently support exploitation or rights abuses. UK legislation already incorporates some international laws: for example, the Human Rights Act 1998 incorporates the European convention on human rights into UK law. Similarly, we can use existing legislation and guidance to exclude suppliers from NHS procurements. Both the Procurement Act 2023 and the provider selection regime allow us to exclude providers when there has been serious misconduct or illegality. For instance, we could exclude a supplier under the Procurement Act for breaches of modern slavery and/or human trafficking laws. We have very high standards and expect all suppliers —including whichever companies go on to provide the single patient record—to meet them.

On a related note, the Chancellor has already written to the Secretary of State to ask that the NHS procurement better support British industry. In the light of that, the Secretary of State has commissioned, within the health family, a review of strategic procurement pipelines to find opportunities for the new social value model to support more British jobs, skills and innovation. The First Secretary of State, my right hon. Friend the Member for Sheffield Heeley (Louise Haigh), who is leading work on procurement across Government, would be happy to meet my hon. Friend the Member for Liverpool West Derby as part of this important work as it progresses, and I can assure him that the actions that we take will be fully in line with the principle of international law.

[Steve Barclay]

Will the Minister give way?

[Karin Smyth]

I thank my hon. Friend the Member for Stroud (Dr Opher)—with his example of the sore throat—for his help in driving down demand for healthcare. Indeed, I thank Members in all parts of the House for their contributions to what has been an interesting and helpful discussion. Their expertise and their scrutiny will continue to strengthen the Bill.

[Steve Barclay]

Will the Minister give way?

[Rachael Maskell (York Central) (Lab/Co-op)]

Will my hon. Friend give way?

--- Later in debate ---

[Steve Barclay]

Will the Minister give way?

[Karin Smyth]

I will not. The right hon. Member was Secretary of State for Health twice, so he had his chance to put all the right things into legislation. [Interruption.] I am not helping my own sore throat.

As my hon. Friend mentioned, the Bill is about returning that democratic accountability directly to the Secretary of State. We have had a lot of pushback in different places, but that is what this Bill does. It returns accountability to the Secretary of State, it devolves that responsibility for delivering on the ground to NHS organisations, and, crucially, it empowers patients. Our new clause strengthens the Bill, and I commend it to the House.

Question put and agreed to.

New clause 96 accordingly read a Second time, and added to the Bill.

New Clause 97

Care and support: involvement of others and visitors

“In section 1 of the Care Act 2014 (promoting individual well-being), in subsection (3)—

(a) after paragraph (e) insert—

“(ea) the importance of the individual being able to involve other people in such decisions and of those people receiving the information and support necessary to facilitate that involvement;”;

(b) after paragraph (f) insert—

“(fa) the importance of the individual having appropriate opportunities to receive visitors;

(fb) in the case of a person who is provided with accommodation in a care home, the importance of them having appropriate opportunities to take trips outside of the care home;”.”—(Karin Smyth.)

Section 1(3) of the Care Act 2014 lists matters to which local authorities must have regard when exercising functions under Part 1 of that Act. The amendments refer to the importance of an individual being able to involve other people in decisions and to receive visitors etc.

Brought up, read the First and Second time, and added to the Bill.

Draft Health and Social Care Act 2008 (Regulated Activities) (Amendment) Regulations 2025

Debate between Karin Smyth and Steve Barclay

Monday 10th February 2025 General Committees

[Karin Smyth]

I thank the hon. Gentleman and other Opposition Members for their support for the regulations. The hon. Gentleman makes an important point regarding care at sporting and temporary cultural events. We all remember the awful events at Manchester Arena and the lessons to be learnt from there. Although there is some good practice in healthcare provided at some of these events, there remain examples of poor, unregulated healthcare that does not sufficiently protect members of the public, so it is right that the CQC has oversight of the sector.

I recognise the hon. Gentleman’s points about proportionality—that is essentially the word I would ascribe to these measures. People need to be assured that there is safety and some proportionality, and I think those points should be taken on board for the next phase of this work. If we need to come back to him specifically on that or write to him about how it proceeds, we will absolutely do that. We all want to support events in our communities and support the volunteers and people who come forward for such things. They are a really important part of the fabric of our lives, so I think it is very important that people have assurances around that.

I will have to come back to the hon. Gentleman on the further questions that the he asked about the CQC and the fit and proper persons test. As he rightly says, they are not a matter for this SI, but as the work goes on and as we listen to our colleagues in the other House, and their debate about the Mental Health Act in particular, there will be a number of issues that we want to make sure are dealt with properly and that will come into the next phase. We will endeavour to make sure we update him on progress with that work as well.

Patient safety is a top priority for us, and the CQC plays an important role in ensuring that providers meet the standards of care that we expect for the public—patients, carers, and families and loved ones. Its purpose is to monitor, inspect and regulate health and care services and make sure that providers meet the fundamental standards of quality and safety.

[Steve Barclay (North East Cambridgeshire) (Con)]

The Minister quite rightly raised the important issue of patient safety. In October, the Government appointed a new boss of the CQC. The Minister will be aware that, in January, following a BBC investigation and whistleblower evidence, families alleged serious wrongdoing regarding a number of baby deaths at the hospital of which the new CQC boss had been chief executive for the past 10 years. Can the Minister say how that has been factored into the appointment of the new CQC boss or whether the families, in the view of the Minister, were wrong in the concerns they raised?

[Karin Smyth]

In appointing Sir Julian Hartley, proper processes were conducted. He was seen to be fit and proper to lead the CQC, and we have confidence in his ability to do so.

[Steve Barclay]

He was appointed in October. Whistleblowers, the BBC investigation and families have raised concerns regarding maternity services at Leeds. The Minister will be aware that there is renewed scrutiny of maternity safety and rightly so. That is a key issue for the CQC. Were the families wrong in their concerns? What has the Minister done to investigate them? Quite rightly, she highlighted the point of patient safety.

[Karin Smyth]

The right hon. Gentleman makes an important point about maternity care, which is very sadly an issue of concern in many places across the country. Of course, those patients and families are absolutely right to call out poor care where they have seen it. It is absolutely right that that is fully investigated, and that is what we would expect at Leeds and in other places around the country.

The CQC’s leadership in ensuring that we have safety and confidence is critical for the role. On that basis, we would like to move forward with this SI to remove the expiry date in the 2014 regulations, to amend the five-year period and to ensure that health and care providers continue to be required to register with the CQC and comply with the fundamental standards set out in the 2014 regulations after 31 March this year. We also want to make sure that services continue to be required to provide a safe and high quality standard of care.

Question put and agreed to.