Health and Social Care bill becomes law as report reveals ministers warned 18months ago that reforms could damage NHS
The NHS reform proposals were first tabled in Parliament in January 2011
15:33 GMT, 27 March 2012
The Government’s controversial Health and Social Care Bill became law today, after a tortuous 14-month passage through Parliament.
Deputy Speaker Lindsay Hoyle's announcement in the House of Commons that the Queen had granted Royal Assent to the bill was greeted by cries of 'shame' from opposition Labour MPs.
The proposals were first tabled in
Parliament in January 2011, but were subjected to an unprecedented
'pause' last year as Health Secretary Andrew Lansley struggled to secure
the support of healthcare workers.
Health workers demonstrating outside Parliament last week against the NHS reforms. The Health and Social Care Bill became law today
The reforms were then amended more than 1,000 times during a lengthy passage through the House of Lords.
The new rules mean the Government can create GP commissioning groups to buy healthcare for patients and scrap Primary Care Trusts (PCTs).
Labour has bitterly opposed the passage
of the new law, insisting it threatens the foundation of the NHS and
paves the way for private services to get too heavily involved.
Testing times: Health Secretary Andrew Lansley faced a huge backlash from doctors' unions
A draft risk register leaked today showed that ministers were warned 18 months ago of the risk that the reforms could lead to a loss of financial control, reduced productivity and emergencies being less well managed.
The Department of Health, which refused to comment on today’s leak, has resisted a ruling from the Information Commissioner that it should release the final version of the risk register in response to a freedom of information request from Labour.
Shadow health secretary Andy Burnham said today’s document published in The Guardian showed that ministers were warned before they launched the Bill that it was 'likely to cause major damage to the NHS'.
The document was produced on September 28 2010, and it is not known what changes were made before the completion of the transition risk register on November 10.
The Bill, which will devolve 60 per cent of the NHS’s budget to new GP-led consortia, has changed fundamentally since that date, with more than 1,000 amendments during its passage through Parliament.
Identifying 43 separate areas of potential risk, the draft register rates each on a scale of one to five, where a rating of one means little likelihood and very low impact and five means almost certain to occur and very high impact.
The likelihood and impact figures are multiplied together to give an overall risk rating, with a maximum score of 25.
Among 13 areas given a risk rating of 16 – with likelihood and impact each assessed at four out of five – were:
Parliamentary amendments creating 'unforeseen consequences for the system';Costs being driven up by GP consortia using private sector organisations and staff;Implementation beginning before adequate planning has been done;Loss of financial control;'Unhelpful conflict' between the NHS commissioning board and regulator Monitor;GP consortia going bust or having to cut services for financial reasons;GP leaders being drawn into managerial processes which end up driving clinical behaviour.
Other dangers, considered to have a
lower rating of 12, included the risk that 'NHS role in emergency
preparedness/responsiveness is more difficult to manage through a more
devolved organisation, and so emergencies are less well
The risk report warned NHS emergency care could be more difficult to manage through a more devolved organisation
Staff concerns and union action over the reforms could lead to 'deterioration in relations, lower productivity in the Department of Health/NHS and delays in programme', the document said.
And there was a warning that strategic health authorities and primary care trusts might lose “good people” who then have to be re-employed to run the new system.
Mr Burnham said: 'Now we know why David Cameron refused to publish the risk register before the Bill was through Parliament – it’s because civil servants were telling him his reorganisation was likely to cause major damage to the NHS.
'David Cameron will never be forgiven for knowingly taking these risks with the country’s best-loved institution.'
A Department of Health spokesman said: 'We do not comment on leaks. We have always been open about risk and have published all relevant information in the impact assessments alongside the Bill.
'As the latest performance figures show, we are dealing with those risks, performance is improving – waiting times are down and mixed-sex wards are at an all-time low – and we are on course to make the efficiency savings that the NHS needs to safeguard it for the future.'