Why Labour Should Not ‘Scrap the NHS Act’

October 24, 2012 9:13 am

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Hearing Shadow Health Minister Andy Burnham proclaim we should scrap the Health and Social Care Act at Labour conference was, on the face of it at least, appealing. Politically you can see the motivation behind this statement of intent.

The Government has forced though what became a very unpopular Bill, with little or no support from the various colleges and associations of medical professionals. It was a Bill poorly understood by the public (and what they did know, they didn’t seem to like much). Certainly in no way can the Bill be seen as democratic, or the rationale behind it very sound. Very few voters on the doorstep before the 2010 election were calling for commissioning powers to be handed to their GP. In fact, satisfaction with the NHS was at a record high. 

Labour in light of this, understandably sees a possible dividing line and wants to exploit the public’s growing distrust of the Tories on the NHS, fuelled by Cameron’s pre-election billboard ads, broken promises, media stories about rising waiting times and the stop-pause-go shambles of the Bill itself.

Despite all this, it may surprise you that I, like many in the Health Sector, don’t think overturning or scrapping the Act is either good politics or policy in the longer-term. There are three reasons for this view.

Firstly, it’s a question of money. One major criticism of the coalition’s NHS reform is, that a time of severe budgetary constraint due to a freeze in spending, in the context of ever increasing demand for healthcare and after a history year-on-year large budget; rather than use every penny possible on the front-line, the Government spent or ‘wasted’ billions on this major top-down reform. Any restructure on this scale is hugely disruptive; the whole service is currently in major flux, with uncertainly about exactly what systems will look like come April next year. Structures are currently shifting, job titles changing and employees made redundant from scrapped bodies looking for jobs elsewhere in the new myriad of emerging structures. This process would only simply be repeated yet again should a future Labour Government look at further root and branch reform.  With money tight for the foreseeable future, our message to the public should be that we are the party which ensures  every penny possible is spent on the ground, on parents care, not on further changes to structures, renaming of organisations, and on a further game of musical chairs for NHS staff.

Second, is the need to take into account the views of those who know the most about the NHS. These reforms were strong opposed by the BMA, RCN, Unison, Patients Association and other professional associations and patients groups.  The Labour front-bench team was completely correct in their approach to highlight the sheer scale of opposition to the Bill. It’s of course right to criticise a Government which chooses to ignore those who work and use a particular service, as these groups are best placed to offer insight into what works on the ground. For a Government such as this, which claims its policies are about evidence of what works and that it is driven by localism, to completely railroad the entirety of the staff and user groups of the NHS is particularly hard to take. Indeed the ‘pause’ and listening phase was largely meaningless. However, now as a party we are close to repeating this same mistake. Many clinicians and patient groups now take the view that, whilst the reforms were not what they would have chosen, they are here and it’s vital we make them work for patients. Equally, having suffered reform-fatigue under this and the last Labour administration, the last thing they want to contend with is further massive changes after 2015. 

Lastly, to completely scrap the Act would ignore the fact that there are some positive things which have emerged from the mammoth Bill. For example having one national body (the NHS Commissioning Board) responsible for the commissioning of specialised services is surely a very positive development. Small patient groups, thinly spread with distinct needs and often expensive service requirements, can have their needs marginalised when competing for the attention of commissioners with the wider population. Equally, the transfer of some Public Health responsibilities to Local Authorities is an important and welcome development, as is ensuring that local authorities and other key partners, through Health and Wellbeing boards, are better integrated into health services. Giving Local Authorities a greater role in meeting local health needs and inequalities is long overdue.

Labour needs a policy on the NHS which works for the futurenot just for its electoral prospects in 2015Labour should build on the positives from this Act whilst working with those in the sector to address its flaws, boosting cooperation over competition and reducing private involvement. It’s vital that when developing a policy for the NHS the party doesn’t take what seems like the easy approach in opposition but has instead a realistic, affordable and workable way forward in 2015.

  • Forlornehope

    When we win a majority in the Westminster Parliament in 2015, we might not have a majority of MPs from English constituencies.  Will we, indeed should we, be legislating for England, as will be the case for both education and the NHS, if we can only do this against a majority of England’s members of Parliament?  Of course the answer is to work very  hard between now and then to make sure that this doesn’t happen and that we do have a majority for England, returning the “West Lothian Question” to the realms of academia.

  • http://twitter.com/LouieWoodall Louie Woodall

    A well argued piece, Danny.

    However, you only touch on the most damning part of the act in the last paragraph- private involvement. The NHS is being transformed into a free market in healthcare, and that is something that will hurt patients as costs spiral and care deteriorates. That is what must be fought and what Labour must pledge to do.

  • http://www.facebook.com/profile.php?id=830150967 Steven Green

    And GPs still need to prove they can be trusted – a large proportion have shown themselves to be focussed on their profits/income (see how they leached resources from the NHS when Labour negotiated the new contracts and how many have limited out of hours services etc etc). My local practice run a very profitable business while providing poor appointment scheduling, limited patient visiting and surgeries hardly changed since the 1950s – but they are spot on the ball where motivated by cash bonuses! Interesting piece Danny but I think you are giving too much meaning to what Burnham said. I think the intention is to keep the structure as far as possible but change the culture back from privatisation and profit.

  • http://www.facebook.com/people/Mike-Homfray/510980099 Mike Homfray

    I think the entire commissioning and outsourcing process is wrong.

    More specifically, health and wellbeing boards are a total waste of time and will be ignored by the CCG’s. That’s where power will lie, and many of those will become unduly influenced by the priorities of private providers

    I don’t see how a national service fits with the CCG structure nor the ability of private providers to be such a central actor in terms of provision.

    We failed to nip this in the bud by firstly maintaining the purchaser-provider split in 1997, and by opening the door to the private sector

  • tomkeeley

    Completely agree with the cost and unpopularity of another potential top down reorganisation.  Promising to repeal the bill may be good for the Labour Conference, but the MRCP, BMA etc are not going to be so easily impressed.  And, Lansley was a key example of what happens to health secs without their support.  Furthermore, I think the idea that the NHS will be ”stable” in 2015 is highly unlikely and subsequently any further reform will be taking place in a system that is already ill defined.  A period of gradual reform I think would be much more welcome by everyone within the health service. 

    On the point of the National Commissioning Board being a good idea, I would have to question that.  Every move in commissioning over the last two decades has been focused on making commissioning more regional or local.  Centralised commissioning has shown to be hugely inefficient.  The void left by the removal of the SHA’s means that it is likely the NHS commissioning board will take on an increasing amount of responsibility as CCG’s are shown as not able to handle the commissioning of many services.  

  • MonkeyBot5000

    …boosting cooperation over competition and reducing private involvement.

    Private involvement and competition need to be removed, not reduced. How can we possibly have the competition “based on quality, not price” that the tories claim when there is not enough data about these providers to judge the quality in a reliable, meaningful way?

  • http://twitter.com/citizen_colin Colin McCulloch

    A stated by others, the key piece of the Act was to introduce market forces into the NHS.  Unfortunately, you can only legislate this out by a new Act.  So I’m afraid it will be have to be another round of legislation to protect the NHS and then try to put in safeguards to prevent any future government, of any party, introducing private sector competition which will ultimately destroy the NHS.

  • AlanGiles

    ” Giving Local Authorities a greater role in meeting local health needs and inequalities is long overdue.”

    Only if they are up to the job. Let’s be frank about it, some local authorities find it hard to cope with refuse collection, let alone something as complex as the health of residents.

  • robertcp

    I agree.  Labour should avoid public sector “reform” as much as possible after 2015.

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