NHS (Charitable Trusts Etc) Bill
Wendy Morton Excerpts(8 years, 11 months ago)
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The Chair
With this it will be convenient to consider the following:
Clause 2 stand part.
That schedule 1 be the First schedule to the Bill.
Wendy Morton (Aldridge-Brownhills) (Con)
It is a privilege to serve under your chairmanship and have the benefit of your experience and guidance, Sir David. It is interesting to note that you successfully steered your own private Member’s Bill through the House and, like me, you were drawn fifth in the private Members’ ballot, which I hope is a good omen for Peter Pan and me.
My private Member’s Bill makes provision in relation to two main subjects. First, the Bill makes provision to remove the power of the Secretary of State for Health to appoint trustees to NHS bodies in England, and it makes amendments to primary legislation consequential on the removal of that power. That will fulfil a commitment made by the Government in 2014, following a consultation on the regulation of NHS charities begun in 2012. The Bill will give greater freedom to such charities for fundraising; it will reduce the burden of dual governance in the form of the Department of Health and the Charity Commission; and it will provide greater liability protection for trustees than enjoyed at present.
Secondly, the Bill makes provision to amend section 301 of and schedule 6 to the Copyright, Designs and Patents Act 1988 to transfer to Great Ormond Street Hospital Children’s Charity—Great Ormond Street hospital’s new independent charity—the royalty rights to J. M. Barrie’s “Peter Pan” play. Currently, the rights are conferred on special trustees appointed by the Secretary of State under NHS legislation.
I am happy to talk the Committee through the grouped clauses for the benefit of Members if that would be beneficial.
The Minister for Community and Social Care (Alistair Burt)
It is a great pleasure to serve under your chairmanship, Sir David, particularly in such happy circumstances. The Government welcome the Bill as a whole, and I will perhaps say something about that in my conclusion.
The Government support the provisions in clauses 1 and 2 and schedule 1 relating to the removal of the Secretary of State’s powers under the National Health Service Act 2006 to appoint special trustees in England and to appoint trustees to certain NHS bodies in England that can hold charitable property. The removal of those powers to appoint trustees, and the supplementary and consequential provisions made in these clauses and schedule 1, will deliver on a key Government commitment made in response to the review of the regulation and governance of NHS charities in 2014. Those powers are no longer considered necessary, as the Government committed to allowing NHS charities to become independent if they so choose. Those NHS charities that do not wish to become independent will remain governed by NHS legislation, with the NHS body holding the charitable body as a corporate trustee—meaning that the board of the NHS body acts as trustee of the property.
My hon. Friend has set out the effect of these provisions and the rationale behind them, and I do not propose to detain the Committee by repeating that detail. The Government support clauses 1 and 2, and schedule 1, standing part of the Bill.
Alistair Burt
On a point of order, Sir David. May I beg the indulgence of the Committee for one moment to pay tribute to my hon. Friend the Member for Aldridge-Brownhills for this Bill, which will forever after be known as the “Peter Pan and Wendy Bill”?
As you quite rightly said, Sir David, because we spent some time debating the Bill on Second Reading, there was no reason to do so in Committee. However, I want to put it on record that the Bill will ensure that the rights, royalties and other remuneration in respect of “Peter Pan”, the play by J.M. Barrie, are to be conferred on the new, independent Great Ormond Street Hospital Children’s Charity. Indeed, dealing with the legislative changes that have been made was one of the points of the Bill. The contribution that J.M. Barrie’s play has made to Great Ormond Street hospital over the years is, of course, well known. It has been of immense benefit and provides the hospital with an opportunity for its stories to go beyond even the extraordinary work that it does for children, to be associated forever with Peter Pan.
Making this change in legislation, as proposed by my hon. Friend, was an important thing to do. It had to be done well, properly and quickly, and it has been. It is a wonderful coincidence that her name happens to be as it is, and that we have this opportunity to pass the “Peter Pan and Wendy Bill”. I am not quite sure what role I play: that morning I was both Tinker Bell and Captain Hook—later in the morning and for other reasons—so I have learned that lesson.
The provisions of the Bill also deliver on a Government commitment made in December 2014 to Baroness Blackstone in the other place, who wished to table an amendment to the Deregulation Bill, as it was, to deliver the same result. We pay due tribute to her for all her work.
All those connected with Great Ormond Street hospital should know that the whole House supports what it does. This is a nice thing that we are able to do today, but the contribution of “Peter Pan” has been immense. Nevertheless, we are all pleased to have played a small part in the history of both the hospital and the royalties of the play, and to have set my hon. Friend on course, within her first few months of being in Parliament, to pilot her own private Member’s Bill through the House. I am grateful to the whole Committee for its attendance today, to my hon. Friend, to you, Sir David, and to all our officials.
Wendy Morton
On a point of order, Sir David. The Minister has put things very succinctly. I would like to thank you, Sir David, for your excellent chairmanship, the Clerks of the Committee and my colleagues from all sides of the House. Today is a busy day in the House, so I really appreciate their giving up their time. I know that they have done so knowing how important the Bill is and what a big difference it will make, especially to Great Ormond Street hospital. Thank you all very much.
The Chair
I know I speak for the Committee in congratulating the hon. Member on her achievement—I had to wait 18 years for that opportunity. Her place in history is assured, because the Bill will be stored in the Victoria Tower forever more.
Bill to be reported, without amendment.
NHS (Charitable Trusts Etc.) Bill
Wendy Morton Excerpts(8 years, 12 months ago)
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Wendy Morton (Aldridge-Brownhills) (Con)
I beg to move, That the Bill be now read a Second time.
Let me begin by thanking all the Members who are present for giving up a Friday in their constituencies to take part in what I believe will be a very important debate, and all the Members on both sides of the House who have sponsored my Bill. It was a tremendous honour, and also a surprise, for me, a new Member of Parliament, to be drawn in the ballot for private Members’ Bills the day after making my maiden speech. I am not normally drawn in a raffle, so this was something of a coup.
As many colleagues had warned me would happen, a raft of suggestions for Bills came flooding my way, on to the internet, into my inbox, and as text messages. All of a sudden I was the No. 1 favourite MP, and enjoyed a few minutes of fame. After some consideration, however, one Bill caught my eye, the one that I should like to be referred to as “the Peter Pan Bill”.
The Minister for Community and Social Care (Alistair Burt)
Peter Pan and Wendy!
Wendy Morton
Indeed. I had often wondered why my mum and dad named me Wendy, and that was obviously the reason.
Like many other people, I knew of the tremendous work of Great Ormond Street hospital. Each year, children from all over the United Kingdom, many of whom suffer from rare, complex and life-threatening conditions that cannot be treated elsewhere, go to that specialist hospital to benefit from its specialist care. Sadly, for many children Great Ormond Street is the last hope, and, although it is one of the world’s leading children’s research hospitals, for some of those conditions there are no known cures.
I was also aware of the very special link with J.M. Barrie, whose generous bequest to the hospital consisted of the royalties for commercial publications and public performances of his play “Peter Pan”. What I did not know, however, was that legislation was needed to enable the right to those royalties to be given to the new, independent Great Ormond Street Hospital Children’s Charity to which the current NHS charity is in the course of being converted. The right to the royalties is currently conferred on the special trustees for Great Ormond Street hospital who are appointed by the Secretary of State. Baroness Blackstone first raised the need to amend legislation to enable Great Ormond Street hospital to continue to benefit from the Barrie bequest during the passage, in the other place, of the Bill that became the Deregulation Act 2015, and the Government agreed to introduce legislation at the earliest opportunity. My Bill will do that by amending the Copyright, Designs and Patents Act 1988.
I have to say that my warm and comforting thoughts of Great Ormond Street vanished temporarily when I read more of the briefing that had been prepared for the Bill, and discovered a proposal to remove powers from the Secretary of State for Health. I was a little concerned. Could I have been handed a Trojan rocking horse? Well, I can assure Members that if I had been, I would not be presenting the Bill today, because it also paves the way for sensible housekeeping on the part of NHS charities, the Secretary of State and his Department. As a new, eager and enthusiastic Member of Parliament, and one who wishes to see less bureaucracy, less duplication and less Government interference, I think it fair to say that the opportunity to remove some of the Secretary of State’s powers had a certain attraction.
Before I deal with the details of the Bill, let me assure you, Mr Speaker—and I hope you will not be too disappointed—that this Wendy will not be flying through the sky, or indeed the Chamber, on an adventure with a mischievous little boy called Peter Pan and a fairy named Tinker Bell, although I shall remain firmly on my guard for Captain Hook and ticking crocodiles.
Let me start with the background to the Bill, which, although it might seem technical in parts, is necessary and important. NHS charities are regulated under charity law but are also linked to NHS bodies and bound by NHS legislation. They are charitable trusts established under NHS legislation and have as their trustee an NHS body such as a foundation trust or trustees appointed by the Secretary of State for an NHS body. NHS charities are distinct from independent charities, which are established solely under charity law. As we would expect, funds donated to the NHS must be held separately from Exchequer funding provided by the taxpayer. These charities exist to support the beneficiaries and there is a special relationship between the charities and the trusts with which they are associated.
The first part of the Bill makes provision to remove the Secretary of State for Health’s powers to appoint trustees for NHS bodies in England and to appoint special trustees in England for specific hospitals. It also amends primary legislation in this regard. It fulfils a Government commitment made in 2014 following a 2012 Department of Health review and consultation on the governance of NHS charities. The outcome of the consultation was that NHS charities should be allowed to convert to independence should they so choose and the Secretary of State for Health’s powers to appoint trustees to NHS bodies under the National Health Service Act 2006 should be removed at the earliest legislative opportunity.
You may well ask why, Mr Speaker, and I can understand that question, but please let me try to explain. A number of the larger NHS charities called for reform because they were concerned that the NHS legislative framework limited their freedom to grow and develop their charitable activity to best support their beneficiaries and to demonstrate to potential donors visible independence from Government.
Simon Hoare (North Dorset) (Con)
I rise not as a ticking crocodile but to ask my hon. Friend to assure the House that notwithstanding the provisions in the Bill, which I support fully, the NHS and the public purse will continue to have a pair of eyes and ears around the trustee table as there will be the ability to nominate a trustee to sit on this new independent body to ensure that trustees do not, in a flight of fancy, suddenly go off to Cap Ferrat for the weekend and put everything on number six.
Wendy Morton
My hon. Friend makes a useful point. The important point is that whereas the NHS charity can benefit from this new independent model, there will always be accountability. This is not public money but money that comes from benefactors and donors, so it is right and proper that the trust instilled in the process of giving is maintained at all times.
Kevin Foster (Torbay) (Con)
My hon. Friend is making a great speech in support of her Bill. Does she agree that that very independence gives beneficiaries the confidence that their money is spent as intended and that the wealth of charity law is there to ensure that funds are put to the right purpose?
Wendy Morton
My hon. Friend makes a valid point. I shall explain that a little more later, but the Bill is about creating independence while maintaining accountability. I believe that we are looking for a route to enable these charities to move forward and to be on a more level playing field with some of the big charities operating across the country. Let us not forget that this is something that they have been asking for.
Collectively, across the country, about 260 charities exist to receive and manage charitable funds on behalf of NHS bodies. I am sure that everyone in the House would agree that they do fantastic work and that many Members are aware of local hospital charities in their constituencies. My preparation for this Bill made me think back to when my sister, who was five or six at the time, spent six weeks in the local NHS hospital and my mum was able to stay near the hospital thanks to accommodation that was provided either by a “friends of” organisation or a local charity that provided that sort of sheltered accommodation. Without that, she would have had to make the long journey to and fro every day. I am sure it made a huge difference, not only to her, but to the whole family.
Hon. Members will be interested to learn that just over £345 million was raised by these charities in the past financial year, supporting patients and staff right across the country. I am sure everyone in this House would agree that they make an outstanding contribution and are deserving of our support. Members may be asking why it is necessary to legislate, and that is a perfectly good question. It is one that I have asked, and I now wish to answer it. In simple terms, the Bill is good housekeeping; it is a matter of follow through. The charitable environment has moved on and there is a need to provide certainty in an already complex world and a complex structure. The Bill seeks to remove the Secretary of State for Health’s powers to appoint trustees, so it will draw that process to a conclusion. The Bill is overdue and it makes sense.
Currently, 16 NHS charities have trustees appointed by the Secretary of State for Health and are directly affected by the Bill. They are bound by charity law and NHS legislation. They are currently unincorporated and their trustees have unlimited liability. This means that the 16 NHS charities will choose either to revert to a corporate trustee model, meaning that the board of the NHS body for which the trustees were appointed acts as trustee of the charitable funds, which is how many NHS charities already successfully operate today, or, as many of the 16 have indicated they would like to do, they can convert to become independent charities without Secretary of State-appointed trustees.
Maggie Throup (Erewash) (Con)
As I understand it, some NHS charities have already converted to independent status. Will my hon. Friend expand on what benefits they have gained from doing that?
Wendy Morton
I will come on to deal with some of those benefits later. Anyone would think my hon. Friend had read my speech, because the next words on it are “six charities”. I can assure you, Mr Speaker, that no one has seen it. Six charities have already completed the transition to independence. They include Barts Charity, which raises money for Barts Health NHS Trust, including St Bart’s hospital. That was the first to convert to an independent model. The others are Alder Hey in Liverpool; Birmingham Children’s Hospital Charity, which is close to my constituency; and Guy’s and St Thomas’. The Royal Brompton & Harefield Hospital Charitable Fund has also become an independent charity. They are all able to benefit from greater independence and less bureaucracy.
Kevin Foster
Why was it necessary to bring a Bill before Parliament to deal with these issues and make these changes? Why could a legislative reform order not have been used?
Wendy Morton
An LRO was mentioned to me early on when I was doing my research on the Bill, but this Bill covers two parts; one is the Great Ormond Street part and the other is about the trustees, so an LRO was not appropriate as it was not the right vehicle to enable those things to be brought together and taken through Parliament. There was a streamlining of the process, with no duplication and less bureaucracy.
The other charity to have converted to independence is Great Ormond Street Hospital Children’s Charity. It has started the process of moving to independence. I have made specific reference to it because of its unique status and the need for specific legislative change, and I will come back to that point later. A further six have now notified the Department of Health of their intention to convert to the independent model. Another is in the process of reverting to a corporate trustee model, which will be completed by 1 April. Of the remaining nine, about half have agreed to independence, but have not yet formally informed the Department of Health, while the others are in discussion with their trustees and hospital boards. Clearly, many have made the decision, and many others are in the process of doing so.
Earlier in the summer, I met the hon. and learned Member for Holborn and St Pancras (Keir Starmer), and I have written to Members whose constituencies have an NHS body with trustees appointed by the Secretary of State, which would be affected by my Bill, to keep them fully informed. The Bill is supported by Great Ormond Street Hospital charity and NHS charities more generally. It also has the support of the Association of NHS Charities, with which I have met. Recently, I attended a forum where I spoke to some of the association members. I was reassured by their support for the Bill and by their feedback about how it would affect them in a positive way.
The parts of the Bill that would effect the change are intended to be brought into force on 1 April 2018, which gives this group of 16 hospital charities time to consider and to finalise their positions. Lines of accountability would also be simpler, as the new independent charities would be accountable to the Charity Commission, with the additional management bureaucracy no longer being needed.
I am grateful for the support of the hon. and learned Member for Holborn and St Pancras, who is in his place and in whose constituency Great Ormond Street Hospital Children’s Charity is based. During the summer, I was very fortunate to go to Great Ormond Street hospital and to meet some of the charitable trusts. I met the staff and learned at first hand about the tremendous work that they do in support of the hospital, staff, patients and families. I was lucky enough to be taken on a tour of parts of the hospital; it is the most amazing place in the world. I visited the Peter Pan ward and the chapel—I do not think that there is a Wendy ward, but who knows?
Lucy Allan (Telford) (Con)
If the Bill were not passed, what would be the implications for Great Ormond Street hospital?
Wendy Morton
That is a very good question. Quite simply, the charity would not be able to complete the move to independence, so the hospital would have to run two charities: one would be the independent arm; the other would be the existing one into which the royalties from “Peter Pan” would be transferred. That would mean a duplication of work, and more bureaucracy. When the charity goes out to raise funds, it needs to provide certainty to the public.
Antoinette Sandbach (Eddisbury) (Con)
Earlier, my hon. Friend mentioned the Alder Hey Children’s Charity, which is the key leading charity in the north-west and provides the same sort of support to children. Does she agree that families feel a great sense of ownership over their local hospital, which gives them such support, and therefore they might be much more willing to fund-raise for an independent charity that was seen as physically separate from the board of the hospital or the NHS trust?
Wendy Morton
When it comes to hospitals, we all have our own personal stories on which to draw and our own personal experiences. The British public are very generous in donating to many different causes, and certainly to local hospitals. The move to independence will help to attract some of the bigger corporate donations, and enable the hospital to work and compete alongside other charities. It makes them operate more independently and less bureaucratically in today’s world, which is very different from that which existed when the trusts were first formed.
On my visit to Great Ormond Street, it was clear to me that the legacy of J.M. Barrie lives on. Where else in the world could we find a boardroom named after a fairy, Tinker Bell? No one can fail to be touched by the commitment and dedication of the staff there. Great Ormond Street hospital has been constantly evolving since opening in a Georgian townhouse in 1852. Today, it is halfway through an ambitious, 20-year redevelopment programme to rebuild two thirds of the hospital site. The charity is working to deliver new facilities appropriate to world-class paediatric care, research and education. It is the largest dedicated funder of paediatric research in the UK, and that is something of which we should all be proud.
Maggie Throup
How much does the charity raise each year? Obviously, it does fantastic work, as we have been hearing, and I wonder what the total figure is.
Wendy Morton
In a nutshell, the figure is significant, and I will come on to that shortly.
The charity funds vital support services that care for the child and often the whole family: financial advice, parental accommodation, as well as spiritual support and helping families to stay together and manage their lives during what can be very difficult and trying times.
The Great Ormond Street hospital charity has a large number of donors, individual companies and, I am told, celebrities who support their work. On fundraising, Members will be interested to know that the charity raised £80,981,000 in the financial year 2014-15—an increase on the previous financial year—so the figure is indeed significant.
One of the most generous donors in its history is, of course, J.M. Barrie. As the Great Ormond Street Hospital Children’s Charity is keen to take advantage of the opportunity to move to independent status, specific legislation is required to provide for the rights to the “Peter Pan” royalties to be given to the new charity. The idea of royalties being paid to a charity is not unusual in itself. As we approach the run-up to Christmas, I am reminded of songs recorded for charity where royalties go into charitable trusts, but the relationship between Great Ormond Street hospital and “Peter Pan” is different. It is already a unique situation, and a unique solution is required to enable the rights to the crucial royalties to be given to the Great Ormond Street Hospital Children’s Charity, so that Great Ormond Street hospital can continue to benefit from the generous J.M. Barrie bequest.
Kevin Foster
My hon. Friend is being incredibly generous with her time in allowing interventions. Will she clarify something? Does Great Ormond Street receive royalties from only the original book featuring Peter Pan and Wendy, or does it receive them from subsequent publications and performances?
Wendy Morton
The charity continues to receive royalties. In fact, there are many productions of “Peter Pan” around the country in the run-up to Christmas, and the charity continues to receive royalties or agreed donations when such productions are performed. We must ensure that the charity continues to get those royalties, which makes the Bill even more important.
J.M. Barrie donated all rights in “Peter Pan” to Great Ormond Street hospital in 1929. He died in 1937, but the hospital enjoyed a further 50 years of royalties. On the eve of the copyright expiring, the J.M. Barrie bequest acquired its unique legal status, as a direct result of Lord Callaghan’s amendments to the Copyright, Designs and Patents Act 1988, which ensured that, despite the copyright in the work expiring on 31 December 1987, the special trustees for Great Ormond Street hospital would have the rights to royalties in respect of all commercial publications or public performances of “Peter Pan” and would hold them on trust for the purposes of Great Ormond Street hospital. The relevant provisions are found in section 301 of and schedule 6 to that Act.
The royalties are now held in perpetuity, so J.M. Barrie’s generous gift will continue to benefit very sick children and their families for as long as the hospital exists. My Bill seeks to support the continued legacy of this great children’s author from Kirriemuir in Scotland. I do not know whether any Member present in the House today has heritage or roots in Scotland, but there is certainly a link back to north of the border.
Kit Malthouse (North West Hampshire) (Con)
I am very supportive of the Bill. Does my hon. Friend think that the move by hospital charities to more independent status without Government appointment makes it more likely that other significant authors of children’s books will see value in such bequests? She will know that there is a Scottish author who has made hundreds of millions of pounds from children’s books and may be more likely to bequeath some of her royalties to charities. The measure might make influential authors such as Julia Donaldson—I understand that £1 in every £5 spent on children’s books in the UK is spent on a Julia Donaldson book—generous towards hospital charities in the way that J. M. Barrie was.
Wendy Morton
Let us hope so. Many artists and authors around the country have preferred charities to which they donate and give their royalties, but by highlighting the work of J. M. Barrie and Great Ormond Street Children’s Hospital Charity the measure may, fingers crossed, lead to more of them doing so.
The Minister for Community and Social Care (Alistair Burt)
Before we leave the Scottish dimension, may I say that my granny was born in Angus, fairly close to where J. M. Barrie comes from?
Mr Speaker
Order. We are learning quite a lot about Members’ family circumstances, and it is very illuminating.
Simon Hoare
Has my hon. Friend noticed the relief among Opposition Members that there is no one of Scottish heritage in the Chamber?
Wendy Morton
I have not, but I am grateful to my hon. Friend.
I have introduced the Bill to deal with the importance of legacy. This very special gift to Great Ormond Street hospital of the rights to “Peter Pan” royalties is currently conferred on the special trustees appointed by the Secretary of State to the hospital. Those trustees, as I have mentioned, wished to take advantage of the Government policy allowing NHS charities to move to independent status, and have partly completed their conversion to the charitable company known as Great Ormond Street Hospital Children’s Charity, which will enable them to take advantage of the benefits of independence. However, the conversion will be fully completed only if the rights to the royalties to “Peter Pan” are conferred on the charity, in the special trustees, ensuring that the royalties continue to be used for the benefit of Great Ormond Street hospital.
As I explained at the beginning of my speech, my private Member’s Bill was introduced following a Department of Health review and consultation on the governance of NHS Charities. The decision to move to independent status or revert to the corporate trustee model is entirely for each charity to make. All of the 16 charities to which I have referred have either made the decision or have indicated that they will do so, which shows the support for the measure. The move to independence will provide greater freedom to attract additional funding, reduce bureaucracy by leaving the charities under the sole authority of the Charity Commission, and give greater liability protection for trustees.
It is also worth recognising that NHS charities simply would not be able to achieve as much as they do without the massive contribution of trustees. This week, as I am sure you are aware, Mr Speaker, is trustees week, so it is only right and proper that we recognise and pay tribute to the valuable contribution that trustees make up and down the country.
I shall now sum up my private Member’s Bill. Fundamentally, the NHS (Charitable Trusts Etc) Bill seeks to support the work of NHS charities. First, and very specifically, it makes provision to confer the rights to the “Peter Pan” royalties on the new Great Ormond Street Hospital Children’s Charity. That will enable it to take full advantage of the move to independent status, providing greater freedom to attract additional funding and reduce bureaucracy, by leaving it under the sole authority of the Charity Commission.
By repealing the powers of the Secretary of State for Health to appoint trustees to NHS bodies in England and to appoint special trustees in England, the Bill draws to a conclusion the transition process for NHS charities, which are expected to move either to an independent model or to a corporate model. It creates certainty and clarity within the existing complex bureaucratic structure. It provides greater freedoms to attract additional funding and gives trustees much greater protection from liability.
During the summer and in recent weeks I have spoken to many people about my Bill and I am very reassured by the support it has received, including from Great Ormond Street hospital and other NHS charities. I feel confident that Members in all parts of the House recognise that this Bill is worthy of a Second Reading.
I have had the opportunity to indulge in a journey back to my childhood. While some Members here today may have been watching the latest Bond movie, I have been catching up with Disney’s Peter Pan and my reading on the train has been J.M. Barrie. On this occasion no one at home has been able to complain.
“Peter Pan” is a well-loved fairy tale, but this Bill is for real. It is a piece of legislation which I trust I have explained to Members, and which is wanted by NHS charities and is necessary. This Bill is worthy of a safe passage. I do not want it to be the Never Bird, to fly out of the window, turn second star to the right and straight on to morning, ending up in Never Land, where the lost boys play and crocodiles tick. I commend the Bill to the House.
Simon Hoare
The hon. Gentleman has invited me to stray from the immediate purport of the Bill. Let me avail myself briefly of that invitation, and agree with him wholeheartedly. The people who wander up and down our streets waylaying busy shoppers, business men and women and commuters trying to elicit bank details and donations, and those who worry and harass people in their homes with telephone calls seeking charitable donations, are a curse and a menace. I believe that the authorities and Her Majesty’s Government are alert to that, and I rather hope that during the course of this Parliament we shall see some redress in respect of an issue that blights the lives of many of our constituents. My hon. Friend the Member for Aldridge-Brownhills may wish to clarify the position, but I am not aware that Great Ormond Street raises funds in that way, although I do not think that the issue is crucial to the Bill.
Wendy Morton
The Bill is purely about 16 NHS charities and their move to independence, and about Great Ormond Street. I am straying a little here, but I think that there may be issues relating to other charities that come to light occasionally. My Bill, however, is purely about the NHS charities, which are a very specific and, in my view, a very special group.
Kevin Foster
My hon. Friend is absolutely right. Charities depend on the money and time donated. That might mean time donated to raise funds for the charity or, as she mentions, for other work. Everyone can take part, rich or poor. An hour donated is an hour donated. As she will know, Torbay hospital’s cafeteria is staffed by volunteers. It not only raises money for the charity in the hospital but provides a service. People might have come in and heard not great news, or they might be anxious and stressed with a relative in hospital, and they get a valuable pastoral service over a cup of tea and a cake from volunteers who, in some cases, have been involved for many years. They provide an excellent service.
Today, we are naturally talking about the structures and finances of a charity. As my hon. Friend the Member for North Dorset (Simon Hoare) said, we should ensure that the money cannot go on Lucky Lad in the 3.10, but we should also not forget that volunteers are at the heart of charities and how they operate and work. If the charities are truly independent, that will only enhance their ability to attract volunteers, get donations and make a difference.
Wendy Morton
Does my hon. Friend agree that, under this new model, charities will be able to bring in a new blend of skills and expertise, enabling them to increase capacity and build on their strengths?
Kevin Foster
My hon. Friend is absolutely right. In my constituency, for example, we have many people over the age of 60 who have retired from professional careers. They reach the point in life where they wish to retire from full-time work, but they still have skills and abilities that they want to offer, and might be thinking about a social rather than a financial reward. Having more flexibility in the charities’ structures means that they can bring in more of those people. People who might be slightly reticent about being appointed by the Secretary of State, perhaps because of their previous job, might be delighted to be involved in an independent charity that is committed solely to its objects.
Mr Rees-Mogg
I am extremely grateful for that intervention, because that is exactly the point. It is one of those occasions where rigour really helps. If donors feel that their money will be used properly, they are more willing to give. It is fascinating how charity law has developed in this direction in recent years. Historically, if people gave money to charities, they gave it to the charity for its general purposes. Then they discovered that the general purposes of charities included all sorts of jolly things, such as lunch at the Ritz, so increasingly they have given money for limited purposes, and the funds can then only be spent on those purposes, even within a single charity. For example, if people viewing this debate wish to make donations for the renewal and restoration of this Palace, that money could only be spent on the renewal and restoration of this Palace; it could not be used for other purposes. Charity law has gone that way because it encourages people to give, as they have confidence in how the money will be spent. That is crucial for NHS charities, because there is this large pool of Government money, but it is never quite enough. We hear of deficits, and hospitals and doctors wanting more money, and all of that is a constant pressure on the health service.
Wendy Morton
The reason behind the Bill and for removing the Secretary of State’s powers to appoint trustees stems from a consultation with the charities. The move to independence is something that the charities want, and it is a key part of the Bill. We are recognising that donations must be kept entirely separate from the money that comes from the Exchequer, and that it is also accounted for separately.
Mr Rees-Mogg
My hon. Friend really is a truly radical parliamentarian in the train of her predecessor, because she has been involved in a consultation that has actually listened to what people have said. This is a very dangerous precedent, and I cannot believe that the Government ever do anything of that kind. They always wait for the answer that they hoped for in the beginning. What a brilliant thing she has done, and I entirely agree with the point she makes, but it makes so much sense to reinforce the independence of charities and to ring-fence the money, because there are inevitable, inexorable pressures on NHS budgets. If there is a couple of million pounds sitting around at the end of the year and a waiting list and the hospital could do with a bit of cash, it could easily try to claw in the money. That is why ring-fencing and independence are so important to ensure that it is put beyond doubt that charities will do what they have been set up to do. That reassures people and will make them more generous.
I wish to raise one point with the Minister, however, that comes from a constituency experience. It relates to the independent charities using the trademark of the national health service. A constituent of mine runs a charity that has put defibrillators across the country, and he has done so in co-ordination with the NHS. The numbers needed to open the boxes are given out when people dial 999. The charity is supported by ambulance trusts, which have said that they want their logo put on the boxes. Now, some random bureaucratic body in the NHS protects its logo, and it has decided in its wisdom that the charity must spend some money removing all the NHS logos from a system backed by the NHS, operated with the NHS, but not formally part of the NHS. That seems to me the worst type of bureaucratic folderol imaginable. It is a stubborn refusal to allow something sensible to happen for no good reason other than that a rule must be rigorously enforced. The whole purpose of the boxes is to support the NHS, to make its job easier, and no one can open the box without having got in touch with the emergency services in the first place, and, as I say, the ambulance trusts want this to happen.
It concerns me that, if the charities are made formally independent, that same bureaucracy will be jumping up and down in a few weeks’ time and saying, “Well, you’re now an independent charity, so you can’t use the NHS logo because it will damage the NHS brand.” That is a perfectly ridiculous point of view to take. I could not have less sympathy for how that body is approaching the issue, rather than using the good common sense that is another Tory value and principle and allowing something that benefits everyone to happen. I hope that that will not be a problem emerging from the Bill. Perhaps an amendment can be inserted in Committee to say specifically that charities linked with the NHS are entitled to use NHS logos and trademarks. I hope that the Minister will look sympathetically on what I am saying about the charity in my constituency that is doing something really wonderful—it is saving hundreds of lives—but some petty bureaucrat is getting in the way. So I hope that an additional benefit will come from the Bill.
I have been saving up talking about J.M. Barrie and “Peter Pan” because I remember when the Bill—introduced by the late Lord Callaghan, a former Prime Minister—was passed in 1988 to extend the copyright on “Peter Pan” indefinitely, and I do so because I remember the late Lord Charteris starting a speech by pointing out that Captain Hook was an old Etonian. Lord Charteris was then the provost of Eton, and that was therefore immediately relevant and of interest to him, but it is also of interest to me because it has to be said that there are all sorts of old Etonians. There are the great and the good: the greatest figures in the land—our Prime Minister is an old Etonian, and he is one of the good lot—but we have at the other end the rogues’ gallery of old Etonians, where Captain Hook stands proud, along with people like Lord Lucan. Hon. Members know exactly what I mean. Captain Hook is there in that role to frighten the children, to keep them well behaved, just as Bonaparte was used in earlier times to frighten badly behaved children. I am rather proud of the fact that an old Etonian fills that role. It rebalances the scales so that we do not mislead people into thinking that all old Etonians are wonderful fellows. One or two of them are in the rogues’ gallery, but there is a balance: only in the past week, the new James Bond film has come out, and James Bond is, of course, another old Etonian. We have some good historical characters, as well as some villains, who are there to remind people that Eton is a serious school that produces people who will take all sorts of different sides in various cases.
What is happening with “Peter Pan” and Great Ormond Street hospital is a great combination of good sense and generosity. J.M. Barrie’s generosity was remarkable. He left his royalties to various people. He left them to Great Ormond Street hospital. He left some to Westminster school, and, where I must declare an interest, he left some to the Garrick club. Since the “Winnie-the-Pooh” money came into the Garrick club, the wine list has improved very considerably. So we all have a lot to be grateful to J.M. Barrie for, either directly or indirectly.
Alistair Burt
It is about exactly that. In a world of never-ending resources, there would be no need to look for charitable funding. As I have said, charitable funding covers not just finance but the instinct to give and support. Even if it was not about finance, plenty of people are able to support their local communities and local hospitals, not because they contribute financially, but because they give their time. Leagues of friends and others are perfect examples of that instinct.
My hon. Friend the Member for Stafford (Jeremy Lefroy) spoke characteristically succinctly about charities making a real difference in his hospital and health community. My hon. Friend the Member for North East Somerset (Mr Rees-Mogg) made a vigorous defence of the private Member’s Bill as an example of Conservative principles and values. I am not sure whether he wanted to convey that a vigorous defence of fundamental Conservative principles is best and appropriately summed up in a Bill about Peter Pan and Neverland. Perhaps he recognised that those principles are reflected in the fact that the most successful example of the genre is everlastingly popular. I am sure that is exactly what my hon. Friend meant to convey.
Members can imagine my shock at my hon. Friend’s suggestion that an anonymised, bureaucratic element in the NHS might be pursuing a seemingly puzzling and unnecessary course of action to add to bureaucratic difficulties. Although I do not necessarily recognise the exact unit of which he speaks, I will look into his concerns, just in case it can be identified.
My hon. Friend the Member for Eddisbury (Antoinette Sandbach) spoke of the contribution of Alder Hey hospital, which was also welcomed and supported by the right hon. Member for Knowsley (Mr Howarth). My hon. Friend spoke of the new hospital and the charity work being done there. I am sure that most Members present would wish to recognise her contribution to a debate earlier this week in very different circumstances. She was immensely brave and her remarks will no doubt lead to much good. In today’s debate, she pointed out that charities can make a contribution to the running of even the best known hospitals.
Finally, my hon. Friend the Member for Bury St Edmunds (Jo Churchill), who had a personal reason for her particular interest in the Bill, referred to this country’s extraordinary pioneering work in medicine. That was exemplified by the news just this morning of genetic editing and the happy outcome for one little girl in particular. That reminds us of this country’s extraordinary reputation in medicine and medical research, and of the work of medical academics and all other health professionals. Every day we are appreciative of everything they have done for and contributed to this country’s reputation.
Wendy Morton
My Bill focuses on the 16 charities that are either moving to independence or reverting to corporate trustee status. The number fluctuates a little, but there are at least 260 NHS charities. During this debate, we have heard fantastic examples of the work being done right across the country. Although we are focusing on the 16, the model of independence is available to other corporate NHS charities. Highlighting the work they all do is a great way for us as parliamentarians to learn from the wealth of experience out there.
Alistair Burt
My hon. Friend neatly sums up her Bill, which I will now address, and reminds us of the work of so many different trusts.
Before I finish my tributes, may I briefly mention the work of the Bedford Hospitals Charity and Brian Woodrow in my constituency? They have made an immense contribution to my constituents and those around Bedfordshire, not least through the Primrose appeal and the magnificent Macmillan cancer treatment centre that resulted from it.
Although I intend to go into the technical details of the Bill, because that is important, I also want to speak in the following debate. I do not want to take an unreasonable amount of time, but I hope the House will appreciate that there are things I must cover.
I am delighted we have the opportunity to debate and discuss NHS charities, which provide support to our health system that is crucial to the delivery of better care for patients. Thanks to the generosity of the people of this country, NHS charities have been able to deliver valuable enhancements to the wellbeing and experience of patients and staff for many decades. I hope that today’s debate has helped to publicise the valuable work the charities do, and that it will encourage more people to give them their support.
This Government have listened to NHS charities and delivered the opportunity for those that wish to have greater independence in order to evolve and grow to meet the needs of their beneficiaries. A number of charities have seized the opportunity to become independent, with others planning to do so in the near future.
The Bill puts the last pieces of the jigsaw in place to deliver the vision the Government set out in 2014. When the previous Government came to office in 2010, a number of NHS charities and their representative bodies and interest groups were calling for reform. They were concerned about the NHS framework and inflexibility. The Government were also committed to deregulation, promoting localism and the big society, and freeing the NHS from central Government controls.
Following a review in 2011, the Government consulted in 2012 on options for changes to the regulation and governance of NHS charities. The fundamental aim of the proposals was to review the legislative powers relating to the governance of NHS charities, to preserve and extend their independence from central Government.
In their 2014 response to the consultation, the Government noted that the majority of respondents supported the principle of the proposals for the transition of NHS charities to independent charity status. They concluded that it would be appropriate to allow those NHS charities that wish to do so to convert to become an independent charity.
Wendy Morton
I assure hon. Members that my remarks will be brief, and I thank everyone who has contributed to today’s debate. We have heard many moving stories, personal and family experiences, and many examples of the valuable work that hospital charities and leagues of friends are doing up and down the country. I thank Mr Speaker, who was in the Chair at the beginning of the debate, as well as you, Madam Deputy Speaker, and the other Deputy Speaker, for the generous guidance provided to me. I am a new Member of Parliament and this is my first private Member’s Bill, but I appreciate that many Members are never drawn in the Ballot. It happened to me early in my career in this place, and it has been a terrific opportunity and a privilege to promote this Bill. I hope that Members will support it, and I commend the Bill to the House.
Question put and agreed to.
Bill accordingly read a Second time; to stand committed to a Public Bill Committee (Standing Order No. 63).
Access to Medical Treatments (Innovation) Bill
Wendy Morton Excerpts(9 years ago)
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Chris Heaton-Harris
I would like to think I am making the point that although we all recognise that we need to encourage innovation in the NHS, and there is tons of it going on, it is not captured in a way that is easily spread throughout the NHS. All the royal colleges I am citing, which do not like parts of this Bill, do accept the concept of spreading innovation, which is something I am trying to do through this Bill.
The Royal College of Psychiatrists has said that
“a register that is available to other doctors would allow sharing of knowledge about a potential innovation and this would be beneficial.”
The Royal College of Physicians add to the list, by stating:
“Innovation relies on a culture of knowledge sharing and a collaborative environment that stimulates ongoing improvement.”
The concept of innovation being spread is welcome throughout the medical community, and I hope to capture it in this Bill. A way of encouraging and recording innovation, and spreading knowledge about it throughout medicine, is widely recognised by most of the royal colleges as being a solidly good thing.
That is also recognised by individual doctors, patients and families. It seems that most people know and understand that there is a need for a culture change in knowledge-sharing and the reporting of success and failure. In researching for my Bill, I was told a story by a dad named Alex Smith, and it is as follows:
“Four years ago, my wife Donna and I were told by a paediatrician to take our son Harrison, who had been diagnosed with Duchenne Muscular Dystrophy, home, love him, give him a good life, there’s nothing we can do, he’s going to die.
How is it possible that our specialist doctors and GPs were, AND STILL to this day are, not willing to try something to help save our son’s life?...every day something we all take for granted as simple as opening a jar is taken away from him, in the last month alone his ability to get off the floor unaided has almost left him and one day in the not-too-distant future his ability to breathe and his heart to beat will be taken away and we will lose him, way, way too soon.”
Mr Smith believes:
“With a robust framework to allow our doctors to innovate safely and responsibly and share that data, the chance to save this generation could become a reality.”
It therefore should come as no surprise that an idea that has been called for by so many worthy and excellent minds, including people such as Alex, Donna and Harrison, who are facing such horrendously difficult times, should be taken up by a legislator, especially given that for decades this simply has not happened.
Wendy Morton (Aldridge-Brownhills) (Con)
I am no clinician, but I am a patient, like many of us here. In today’s world, where we so often go on the internet to search for solutions, would it not make sense that when clinicians and the medical profession are seeking innovation, we do all we can not only to encourage them, but to share it, so that others in the medical profession have access to that information? That must, however, be done safely and in the correct manner.
Chris Heaton-Harris
I completely agree with my hon. Friend. The only surprise is that such a database of innovation does not already exist. Like generations of previous politicians, I therefore now rise to claim as my own a fantastic idea, which so many cleverer minds than mine have conceived. Thus, the first half of my Bill seeks to confer a power on the Secretary of State for Health to create a database of medically innovative treatments. I strongly believe that the creation of such a database will help to share ideas and spread good practice.