Question to the Department of Health and Social Care:

To ask the Secretary of State for Health, what rules or guidance he provides to health commissioning organisations on staff of those organisations taking up employment with other organisations from which the commissioning organisation had commissioned products or services.

Clinical commissioning groups (CCGs) should take all reasonable steps to ensure that employees, committee members, contractors and others engaged under contract with them are aware of the requirement to inform the CCG if they are employed or engaged in, or wish to be employed or engaged in, any employment or consultancy work in addition to their work with the CCG (for example, in relation to new care model arrangements).

The following principles and rules should be adhered to:

- CCGs should require that individuals obtain prior permission to engage in outside employment, and reserve the right to refuse permission where it believes a conflict will arise which cannot be effectively managed;

- Staff should declare any existing outside employment on appointment, and any new outside employment when it arises;

- CCGs may also have legitimate reasons within employment law for knowing about outside employment of staff; even if this does not give rise to risk of a conflict. Nothing in this guidance prevents such enquiries being made.

- CCGs should ensure that they have clear and robust organisational policies in place to manage issues arising from outside employment. In particular, it is unacceptable for pharmacy advisers or other advisers, employees or consultants to the CCG on matters of procurement to themselves be in receipt of payments from the pharmaceutical or devices sector.

- All CCGs have a statutory duty to follow this guidance and ensure that any person involved in making a decision on the contract award has no pecuniary interest. Guidance on managing conflicts of interest is available at the following link:

https://www.england.nhs.uk/wp-content/uploads/2017/06/revised-ccg-coi-guidance-jul-17.pdf

- All staff National Health Service terms and conditions of service is available at the following link:

http://www.nhsemployers.org/employershandbook/afc_tc_of_service_handbook_fb.pdf