House of Lords Second Legislation Scrutiny Committee Report Out Today

To read the full House of Lords Second Legislation Scrutiny Committee Report please click here

Note: Please refer to Instrument C: National Health Service (Procurement, Patient Choice and Competition) Regulations 2013 pp 6 of 33 to 12 of 33 and the conclusion on p 12 of 33.


Lord Owen comments below on the Scrutiny Committee Report (NHS Regulations: Procurement, Patient Choice and Competition, 2013) published today, 21 March 2013:

“It is short succinct and devastating and deserves to be read in full by all concerned with the new NHS legislation. People will at last recognise that with indecent haste the Government has neither consulted properly on this secondary legislation,  nor fulfilled it’s promises made during the passage of the primary legislation
Most seriously of all the wording is unclear, confusing and will create conflicting interpretations. At the minimum both regulations should now be withdrawn or annulled.
There is no hurry CCGs have no need to start in April and the process is now very likely to go to judicial review and may well need to go to judges for a formal Declaration on what some wording actually means.”

Letter from Lord Owen to Clerk of The Lords Secondary Legislation Committee re Section 75 Regulations

Letter from Lord Owen to The Clerk of the Lords Secondary Legislation Scrutiny Committee, 4 March 2013

Dear Clerk

Further to my email of 22 February I have now seen a recent letter that Earl Howe has sent to his colleagues in the House of Lords. The letter states that the Section 75 Regulations “enshrine the principle that it is Commissioners who are best placed to determine requirements for improving services and to decide which provider or providers are best able to deliver those requirements.” What the letter does not state is that in making these decisions, Commissioners must abide by all of the Regulations and any failure to do so will be investigated and remedied by Monitor. It was because of our concern over this ambiguity and potential conflict that we attached importance to Earl Howe’s commitment in the House of Lords when he said, “This will be made absolutely clear through secondary legislation and supporting guidance as a result of this Bill’…

To read the full letter please click here


Fatally flawed: Yes to the NHS Internal Market – No to the External Market

Published on the Thursday, 31 March 2011

Download Paper here, in full including references.


Prior to the 2010 General Election David Cameron, who was to become the new Prime Minister in the Conservative-Liberal Democrat Coalition, had brilliantly defused the NHS as an issue which traditionally had won votes for Labour and lost votes for the Conservatives. read more…..

House of Lords Debate on NHS; Standards of Care and Commissioning


Lord Owen (Crossbench)

The NHS is dear to us all, and the care and health professions have made a difference to pretty well every family in this country. However, the 353 pages of the Health and Social Care Bill are a massive reform, and we should not underrate the basic fatal flaws in this legislation, although of course there is much that we can all recommend and be pleased to see. read more…..