Debate
Health BillContribution
With this it will be convenient to discuss the following:
Government new clause 95—Disclosure of information relating to medicines.
Government new clause 98—Disclosure of information relating to medical devices.
Government new clause 99—Further and consequential amendments relating to medical devices.
Government new clause 100—Power to amend meaning of “medical device”.
Government new clause 101—Power to restate medical devices law in Northern Ireland.
New clause 9—Powers for coroners and medical examiners to report suspected health system failings—
“(1) The Secretary of State must, by regulations, establish a standard mechanism for coroners and medical examiners to refer cases where they suspect failings in the provision of health care.
(2) A coroner or a medical examiner has a duty to report (a “duty to whistleblow”) using the mechanism established under subsection (1) if, in the course of their duties, they have reasonable grounds to suspect that a death or incident involved systemic failings in a health care setting.
(3) A referral under this section must be directed to any or all of the following bodies, as the coroner or medical examiner considers appropriate, based on the nature of the suspected failing—
(a) the chief officer of police for the relevant police area,
(b) the Care Quality Commission,
(c) the Department of Health and Social Care, and
(d) the Health Services Safety Investigations Body.
(4) Regulations under subsection (1) must specify—
(a) the information to be included in a referral,
(b) the timeframe within which a referral must be made following the formation of a suspicion, and
(c) guidance on the criteria for determining to which of the bodies listed in subsection (3) the referral must be directed.
(5) A disclosure made in fulfilment of the duty under subsection (2) is a protected disclosure for the purposes of Part 4A of the Employment Rights Act 1996 (protection for whistleblowing).
(6) The duties imposed by this section are in addition to, and do not affect, a senior coroner’s duty to make a report under paragraph 7 of Schedule 5 to the Coroners and Justice Act 2009 (reports on action to prevent other deaths).”
This new clause requires the Secretary of State to create a standardised framework for them to formally refer suspected health system failings (including systemic issues) directly to the police, the CQC, the Department of Health and Social Care, and the HSSIB, with a duty on coroners to participate. It provides legal protection for those making such referrals.
New clause 10—Duty of NHS boards to report medical malpractice—
“(1) A member of the board of directors of an NHS trust or an NHS foundation trust in England must report any evidence or reports they have seen of systemic medical malpractice within the trust to—
(a) the Care Quality Commission,
(b) the Department of Health and Social Care, and
(c) the Health Services Safety Investigations Body.
(2) The board of directors of an NHS trust or NHS foundation trust in England has a collective duty to—
(a) refer the trust to the Care Quality Commission, and
(b) alert the Department of Health and Social Care and the Health Services Safety Investigations Body, if staff employed by, or acting on behalf of, the trust raise concerns of systemic medical malpractice.
(3) In this section, “systemic medical malpractice” means an action or omission in the provision of health care that falls below the expected standard of care and indicates a widespread, patterned, or recurring failure within the systems, processes, or governance of the trust.”
This new clause would introduce a mandatory individual duty for members of NHS and Foundation Trust boards to escalate evidence of systemic medical malpractice to the CQC, the Department of Health and Social Care, and the HSSIB. It also imposes a collective duty on the board to formally refer the trust to regulators if staff raise concerns regarding malpractice.
New clause 13—Medical Disinformation—
“(1) The Secretary of State must, within 6 months beginning on the day on which this Act is passed, publish a strategy on anti-vaccine and medical disinformation (“the Strategy”).
(2) The strategy must consider—
(a) support for medical professionals to build trust and engage with persons who are anti-vaccine,
(b) support for medical professionals and NHS leaders to engage with anti-vaccine councillors or officials in local authorities,
(c) investment in public messaging to combat medical disinformation, including engagement with trusted online influencers,
(d) outreach campaigns focused on communities who are sceptical about vaccinations,
(e) introducing criminal liability for those, including online influencers and politicians, who profit from medical disinformation,
(f) a new verification requirement for any social media account claiming to be a medical professional.
(3) The Secretary of State must lay a copy of this strategy before Parliament upon publication.”
This new clause places a duty on the Secretary of State to publish a strategy to combat anti-vaccine and medical disinformation.
New clause 14—Healthwatch funding—
“(1) The Secretary of State, must within 12 months of the passing of this Act, enact a scheme to fund Healthwatch England and local Healthwatch organisations for the 2027/2028 financial year to the level estimated by the Department for Health and Social Care in 2013/14.
(2) The Secretary of State must consider uprating this funding with inflation for 2026/2027.”
This new clause would ensure that Healthwatch England and local Healthwatch organisations are funded to the level estimated by the Department for Health and Social Care in 2013/14.
New clause 20—Cancer Survival Research—
“(1) Within 12 months beginning on the day on which this Act is passed, the Secretary of State must by regulations establish a Cancer Survival Research Programme.
(2) Regulations under this section must—
(a) require government co-ordination and funding for research into cancers with a five-year survival rate below 20%, and
(b) establish a fellowship programme for foreign academics in cancer research.
(3) Any programme established under paragraph 2(b) must make provision to waive visa fees for entry into the UK for participating academics.
(4) Regulations under this section are subject to the affirmative procedure.”
This new clause would require the Secretary of State to introduce regulations requiring the government to coordinate research into cancers with the lowest survival rate.
New clause 24—Strategy for provision of Minor Injuries Units and Urgent Treatment Centres in rural areas—
“(1) Within six months of the passage of this Act, the Secretary of State must prepare and publish a strategy for expanding the provision of Minor Injuries Units and Urgent Treatment Centres in rural areas.
(2) The strategy under subsection (1) must be laid before both Houses of Parliament.
(3) The Secretary of State must lay a report before both Houses of Parliament on the implementation of the strategy every 12 months after the strategy has been published.”
This new clause would require the Secretary of State to prepare a strategy for expanding the provision of Minor Injuries Units and Urgent Treatment Centres in rural areas and report on the implementation of the strategy annually.
New clause 26—Patient safety recommendations: national oversight—
“(1) The Secretary of State must establish a scheme relating to the oversight of patient safety recommendations (“the scheme”).
(2) The scheme must make provision for the monitoring and delivery of patient safety recommendations arising from—
(a) investigations,
(b) inquiries,
(c) reviews, and
(d) other patient safety bodies,
relating to patient safety.
(3) Within one year beginning on the day on which this Act is passed and every subsequent year, the Secretary of State must lay a report before Parliament on the progress of the scheme.”
New clause 27—Duty of candour and enforcement of standards of ethical conduct in DHSC—
“(1) In discharging its expected standards of ethical conduct, the Department of Health and Social Care (DHSC), must, in particular—
(a) set out the steps DHSC will take to ensure that legal services provided to NHS bodies and other relevant health-related organisations are consistent with the statutory duty of candour and the principles of openness, transparency and learning following patient safety incidents,
(b) set out which oversight body is responsible for ensuring the standards set out in DHSC code of ethical conduct are adhered to and enforced,
(c) set out provisions to allow a relevant oversight body to examine, on its own initiative, suspected serious or systemic breaches of DHSC’s code of ethical conduct,
(d) set out a mechanism for ensuring that any breaches of DHSC’s code of ethical conduct are recorded and that proper data is kept and published that records the extent to which complaints have been made regarding its ethical conduct and their outcome.”
New clause 28—Review of NHS neurodiversity policy—
“(1) Within six months of the passage of this Act, the Secretary of State must publish a review on—
(a) standards of NHS care for neurodiverse people,
(b) the effectiveness of current NHS trust policies regarding care for neurodiverse patients,
(c) the quality of training and guidance for frontline NHS staff in supporting neurodiverse patients, and
(d) health outcomes for neurodiverse patients at NHS trusts.
(2) The review under subsection (1) must be laid before both Houses of Parliament.”
New clause 30—Review into acute stroke support services in rural areas—
“(1) Within six months of the passage of this Act, the Secretary of State must publish a review of acute stroke support services in rural areas.
(2) The review under subsection (1) must include an evaluation of—
(a) decision making processes,
(b) evidence used to justify decisions,
(c) public consultation processes,
(d) health outcomes,
(e) travel times for access to services, and
(f) impact on the NHS workforces.”
New clause 41—Remit of the Human Tissue Authority—
“(1) The Secretary of State must, within six months of the passing of this Act, by order under section 14(4) of the Human Tissue Act 2004, amend the remit of the Human Tissue Authority to include the regulation of funeral directors, private mortuaries, direct cremation services and other organisations which transport or hold the bodies of deceased persons for the purposes of ensuring that the carrying out of their functions is consistent with the protection of public health.
(2) The Authority must establish and maintain a register of the bodies subject to its oversight under subsection (1).
(3) The Secretary of State may by regulations make further provision regarding the establishment and operation of the register under subsection (2).
(4) Regulations made under subsection (3) are subject to the affirmative procedure.”
This new clause would require the Secretary of State to extend the remit of the Human Tissue Authority to include regulation of funeral service providers to ensure their activities are consistent with the protection of public health; and to maintain a register of those bodies subject to its regulation.
New clause 42—Oversight of funeral service provider premises and practices connected to the storage, preparation and movement of human remains—
“(1) The Secretary of State may by regulations establish a body corporate, or confer functions on an existing public authority, ("the Regulator") to provide oversight of the premises and practices connected to the storage, preparation and movement of human remains by funeral service providers in England.
(2) The purpose of the Regulator is to ensure that the activities undertaken under subsection (1) are consistent with the protection of public health.
(3) The Regulator shall be independent in the exercise of its functions and shall not be regarded as a servant or agent of the Crown.
(4) Regulations under this section may, in particular, make provision for—
(a) a scheme for the registration of funeral service providers;
(b) the inspection of premises, vehicles and other facilities used by registered providers for the storage, preparation, care or transportation of deceased persons, or from which funeral services are arranged or conducted;
(c) the publication and enforcement of a code of practice for the funeral services sector; and
(d) the imposition of sanctions, including suspension or removal from the register, for breach of that code.
(5) Before making regulations under this section, the Secretary of State must consult—
(a) providers of funeral services;
(b) such persons representing the interests of bereaved people as the Secretary of State considers appropriate; and
(c) such other persons as the Secretary of State considers appropriate.
(6) Regulations under this section are subject to the affirmative procedure.”
New clause 45—Secretary of State directions relating to early access to medicines—
“(1) The Secretary of State may give directions to any of the bodies mentioned in subsection (2) about the implementation of a scheme providing early access to medicines to people with life-threatening or seriously debilitating conditions.
(2) The bodies are—
(a) integrated care board,
(b) NHS Trusts,
(c) NHS Foundation Trusts,
(d) NHS Advanced Foundation Trusts, and
(e) other health and social care bodies.”
This new clause would give the Secretary of State power to direct integrated care boards, NHS Trusts, NHS Foundation Trusts, and NHS Advanced Foundation Trusts to implement a scheme to provide early access to medicines to people with life-threatening or seriously debilitating conditions.
New clause 47—Review of the Early Access to Medicines Scheme—
“(1) The Secretary of State must, within six months of the passing of this Act, commission a review of the regime for early and accelerated access to medicines in England and Wales.
(2) The review conducted under subsection (1) must consider—
(a) the effectiveness of the Early Access to Medicines Scheme (EAMS),
(b) the effectiveness of early access outside of the Early Access to Medicines Scheme (EAMS), and
(c) equality of access across England and Wales, with the aim of reducing geographical inequalities between different NHS trusts.
(3) The Secretary of State must lay a copy of the report and recommendations of the review before both Houses of Parliament.”
This new clause would require the Secretary of State to commission a review of regime for early and accelerated access to medicines.
New clause 49—National Guardian’s Office—
“(1) Within three months beginning on the day on which this Act is passed, the Secretary of State must re-establish the National Guardian's Office.
(2) The Office established under subsection (1) must—
(a) hold any responsibilities held by the National Guardian's Office as of 29 June 2026; and
(b) be operationally independent.”
This new clause will re-establish the National Guardian’s Office.
New clause 52—Cancer treatment: waiting times—
“(1) Within six months beginning on the day on which this Act is passed, the Secretary of State must make provision for every patient to have access to cancer treatment within 62 days following referral.
(2) Provision under subsection (1) must by regulations amend the National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) Regulations 2012 to place a right in the NHS constitution for England for every patient to have access to cancer treatment within 62 days following referral.
(3) The Secretary of State must establish a scheme to support NHS hospital trusts in meeting the requirement under subsection (1).
(4) As part of the Scheme, the Secretary of State must expand the capacity of the Medicines and Healthcare products Regulatory Agency.
(5) The Secretary of State must make an annual statement to Parliament on progress made in meeting the requirement under subsection (1).
(6) Any statement made under subsection (5) should be made as close as reasonably practicable to 4 February.”
This new clause would give patients a right under the NHS constitution to start cancer treatment within 62 days of referral and requires the Secretary of State to establish a scheme to deliver this. It also requires the Secretary of State to update the House on progress against the target on or around the time of World Cancer Day.
New clause 63—Social Care—
“(1) Within 3 months beginning on the day on which this Act is passed, the Secretary of State must lay before Parliament detailed proposals for reform of the social care sector.
(2) Proposals under subsection (1) must include provision for—
(a) a respite care scheme;
(b) reform of carers allowance;
(c) free personal care; and
(d) a cap on care costs.”
This new clause would require the Secretary of State to lay before Parliament plans to reform the social care sector, including free personal care, a cap on care costs and that delivers for family carers.
New clause 68—Report on dementia care—
“(1) Within 12 months of the passage of this Act and every 12 months thereafter, the Secretary of State must publish and lay before both Houses of Parliament a report on—
(a) the provision of NHS care in relation to dementia.
(b) the provision of social care in relation to dementia.
(2) A report under subsection (1) must have regard to—
(a) any targets or standards set out in a national plan, guidance, or framework relating to dementia services, and
(b) any other information the Secretary of State considers appropriate.
(3) A report under subsection (1) must include—
(a) an assessment of variation in dementia services and outcomes between Integrated Care Board areas,
(b) information on workforce capacity, capability and training standards relevant to dementia care,
(c) information on access to ongoing post-diagnostic support services, including support for unpaid carers of dementia patients,
(d) information on continuity and coordination of care for people living with dementia, including access to a named professional responsible for coordinating support across services,
(e) outcomes and experiences for people living with dementia and unpaid carers, including crisis prevention, carer wellbeing, and experiences of joined-up care,
(f) progress on dementia prevention and risk reduction, and
(g) dementia research activity in the NHS.”
This new clause would require the Secretary of State to publish an annual report on the provision of NHS care and social care in relation to dementia.
New clause 72—Provision of Minor Injuries Units in Rural Areas—
“(1) The Secretary of State must, within 12 months of the passing of this Act, publish and implement a strategy to improve access to minor injuries units in rural communities.
(2) The strategy under subsection (1) must include measures to—
(a) expand, maintain and protect existing minor injuries units serving rural populations;
(b) ensure that integrated care boards assess local demand for urgent treatment services in rural constituencies and make provision accordingly, and
(c) promote the recruitment and retention of healthcare professionals required to staff such facilities.
(3) The Secretary of State must lay before Parliament an annual report on—
(a) the number and geographical distribution of minor injuries units in England;
(b) changes in patient access to urgent care services in rural areas; and
(c) progress made in implementing the strategy required under subsection (1).
(4) In this section, “rural constituency” means a parliamentary constituency designated as predominantly rural by the Office for National Statistics or such successor body as may be prescribed by regulations.”
This new clause would require the Secretary of State to expand and safeguard minor injuries units in rural communities with the aim of improving access to urgent care, reducing pressure on major hospitals, and ensuring equitable healthcare provision regardless of geography.
New clause 81—Family support duty following serious childhood diagnosis—
“(1) Where a child is diagnosed with cancer or another life-threatening condition, the responsible NHS provider must, within 14 days of diagnosis, ensure that the child’s family is offered appropriate information, support and coordination services.
(2) For the purposes of subsection (1), the responsible NHS provider must offer—
(a) access to a named family support coordinator;
(b) information regarding welfare benefits, financial support and relevant public services;
(c) information regarding employment rights and workplace support available to parents and carers;
(d) signposting to appropriate mental health and psychological support services;
(e) information regarding relevant local and national charities, support organisations and peer-support services;
(f) a written family support plan setting out the support available to the family during treatment; and
(g) notification and information sharing in accordance with subsection (3).
(3) The responsible NHS provider must provide the child’s registered general practitioner and where different, the registered general practitioners of the child’s parents or primary carers, with a Family Support Summary.
(4) A Family Support Summary must include—
(a) the child’s diagnosis;
(b) the proposed treatment plan;
(c) the expected duration and intensity of treatment, where known;
(d) information regarding the potential impact of the diagnosis and treatment on parents, carers and siblings; and
(e) any recommendations regarding wellbeing support, monitoring or referral for the family unit.
(5) Following receipt of a Family Support Summary, the relevant general practice shall be encouraged to consider the wellbeing needs of parents, carers and siblings and, where appropriate, provide information, assessment, referral or signposting to suitable support services.
(6) The Secretary of State must publish guidance for NHS providers on the discharge of duties under this section.
(7) In this section—
“child” means a person under the age of 16;
“family” includes parents, guardians, primary carers and siblings; and
“life-threatening condition” means a condition designated as such by the Secretary of State in guidance.”
This new clause places a duty on NHS providers to offer practical information, coordination and support to families within 14 days of a child being diagnosed with cancer or another life-threatening condition.
New clause 82—Parent mental health and bereavement support duty—
“(1) Where a child is diagnosed with a life-threatening condition, the responsible NHS provider must ensure that the psychological wellbeing of parents, guardians, primary carers and siblings is considered as part of the child’s care pathway.
(2) Within 14 days of diagnosis, the responsible NHS provider must offer—
(a) a parental psychological wellbeing assessment;
(b) access to a designated family support practitioner, psychologist, counsellor or other appropriately qualified professional;
(c) information regarding the psychological impact of serious childhood illness, including trauma, anxiety, depression, stress and bereavement;
(d) a written Family Mental Health Support Plan;
(e) notification to the child’s registered general practitioner and, where different, the registered general practitioners of parents or primary carers.
(3) During active treatment, the responsible NHS provider must ensure that parents and primary carers are offered periodic psychological wellbeing reviews.
(4) The responsible NHS provider must offer an additional psychological wellbeing review following any—
(a) significant deterioration in the child’s condition,
(b) relapse,
(c) progression of disease,
(d) transition to palliative care, or
(e) other material change in prognosis.
(5) The responsible NHS provider must ensure that support under this section is offered proactively and must not be dependent upon a parent, guardian, carer or sibling requesting support, identifying their own need, or making a self-referral.
(6) Following the death of a child, the responsible NHS provider must—
(a) offer a bereavement wellbeing assessment to parents or primary carers;
(b) offer access to bereavement counselling, psychological support or equivalent specialist services;
(c) make proactive contact with the family within 14 days of the child’s death;
(d) offer further follow-up support at intervals specified in guidance issued by NHS England; and
(e) ensure that referral pathways are available where significant psychological distress, trauma, anxiety, depression or post-traumatic stress symptoms are identified.
(7) The responsible NHS provider must ensure that information regarding available support services is provided to siblings and that age-appropriate emotional support pathways are available where required.
(8) NHS England must publish guidance regarding—
(a) parental psychological wellbeing assessments;
(b) family mental health support following serious childhood diagnosis;
(c) bereavement support following the death of a child;
(d) support for siblings affected by serious childhood illness;
(e) referral pathways into specialist mental health services; and
(f) minimum standards for proactive family mental health support.
(9) NHS England must publish and lay before Parliament an annual report on compliance with this section.
(10) In this section—
“child” means a person under the age of 16;
“family” includes parents, guardians, primary carers and siblings; and
“life-threatening condition” means a condition designated by the Secretary of State in regulations.
(11) The Secretary of State must, within three years of the commencement of this section, undertake a review of its operation and lay a report before Parliament.”
This new clause would establish a statutory duty on NHS providers to identify and support the psychological wellbeing of parents, carers and siblings following the diagnosis of a life-threatening childhood condition. It would create a proactive, opt-out family mental health pathway from diagnosis through treatment and, where applicable, bereavement.
New clause 83—Review of uncertain imaging findings in high-risk childhood illness—
“(1) Where imaging undertaken in relation to a child with a high-risk cancer or other life-threatening condition identifies findings that are—
(a) inconclusive,
(b) indeterminate, or
(c) suspicious,
the responsible NHS provider must ensure that the findings are reviewed by a consultant clinician responsible for the child's care.
(2) Following such a review, the responsible NHS provider must ensure that the child's parent, guardian or primary carer is informed—
(a) of the nature of the uncertainty identified;
(b) whether disease progression, relapse or recurrence can be confidently excluded;
(c) what further investigations or surveillance are being considered; and
(d) the risks and benefits associated with immediate further imaging, alternative imaging modalities, or continued observation.
(3) Where disease progression or relapse cannot be confidently excluded, the responsible NHS provider must consider whether additional imaging or investigation should be undertaken within 14 days or as soon as clinically practicable, whichever is sooner.
(4) The outcome of any discussion held under subsection (2), including the views expressed by the child's parent, guardian or primary carer, must be recorded in the child's medical records.
(5) NHS England must publish guidance on the operation of this section, including circumstances in which further imaging should be considered following uncertain or indeterminate findings.”
This new clause requires consultant review of uncertain imaging findings in children with designated high-risk conditions. It also aims to ensure that parents are informed of the uncertainty, the available options and the risks and benefits of those options before a decision is made.
New clause 86—Compassionate access to innovative treatments—
“(1) In exercising their functions in relation to the health service, the Secretary of State must by regulations make provision for compassionate access to innovative treatments, involving substances listed in Schedule 1 of the Misuse of Drugs Regulations 2001, for patients with serious or life-threatening conditions in circumstances where conventional treatments have been unsuccessful, unsuitable, or unavailable.
(2) Regulations made under this section must make provision for the authorisation, supply, possession, administration and supervision of such treatments, notwithstanding any restriction imposed by or under the Misuse of Drugs Act 1971 or the Misuse of Drugs Regulations 2001, including provision for—
(a) appropriate clinical and regulatory safeguards;
(b) approval arrangements for participating clinicians, providers and pharmacies; and
(c) case-by-case decision-making having regard to clinical need, patient safety, and available evidence.
(3) For the purposes of this section, a serious or life-threatening condition is defined as a condition involving a substantial risk to life or serious impairment of health or functioning.
(4) Regulations under this section are to be made by statutory instrument subject to the affirmative procedure.”
This new clause would require the Secretary of State to make provision for compassionate access to innovative treatments, involving substances listed in Schedule 1 of the Misuse of Drugs Regulations 2001, for patients with serious or life-threatening conditions in certain circumstances.
New clause 87—Research into innovative treatments involving controlled substances—
“(1) The Secretary of State must by regulations take steps to enable and support the development of research relating to innovative treatments, which use substances listed in Schedule 1 of the Misuse of Drugs Regulations 2001.
(2) Regulations made under this section must make provision, for—
(a) the lawful possession, supply, administration, production and importation of such substances for the purposes of clinical trials or other research activities approved in accordance with regulations made by the Secretary of State, notwithstanding any prohibition or restriction imposed by or under the Misuse of Drugs Act 1971 or the Misuse of Drugs Regulations 2001; and
(b) proportionate and timely arrangements relating to the approval, licensing and oversight of authorised research activities under this section.
(3) Provision under subsection (2) applies to—
(a) approved research bodies,
(b) authorised researchers, and
(c) participating healthcare providers,
and specified substances used for approved research purposes, and does not alter the schedule or classification of a substance.
(4) Regulations under this section are to be made by statutory instrument subject to the affirmative procedure.”
This new clause would require the Secretary of State to take steps to enable and support the development of research relating to innovative treatments, which use substances listed in Schedule 1 of the Misuse of Drugs Regulations 2001.
New clause 88—New Hospital Programme: publication of multi-criteria decision analysis (MCDA) reports—
“(1) Within three months beginning on the date on which this Act is passed, the Secretary of State must publish the MCDA reports used to determine the prioritisation of schemes and their allocation to waves within the New Hospital Programme.
(2) The information published under subsection (1) must include—
(a) the multi-criteria decision support analysis tool used to prioritise schemes;
(b) the input data used in that analysis for each hospital in the New Hospital Programme;
(c) the scoring mechanism used in that analysis;
(d) any assessment of estate condition, including data from the NHS England Estate Return Information Collection;
(e) any assessment of patient safety, service disruption or maintenance backlog;
(f) any assessment of the presence of reinforced autoclaved aerated concrete;
(g) any assessment of the risks associated with delaying individual schemes; and
(h) any review of the appropriateness of the input data or scoring mechanism by NHS England or the Department of Health and Social Care.
(3) The Secretary of State may redact information published under this section where publication would—
(a) prejudice commercial negotiations,
(b) disclose personal data, or
(c) endanger the safety or security of patients, staff or NHS premises.
(4) Where information is redacted under subsection (3), the Secretary of State must publish a statement explaining the reason for the redaction.
(5) The Secretary of State must lay the reports and information published under this section before Parliament.”
This new clause requires the Secretary of State to publish the criteria, input data and scoring mechanism used to determine the prioritisation of schemes and their allocation to waves within the New Hospital Programme. Whilst the input data was obtained from publicly available sources, the MCDA reports are currently not publicly available.
New clause 89—New Hospital Programme: estate failure—
“(1) Within six months beginning on the date on which this Act is passed, the Secretary of State must review whether hospitals experiencing significant estate failure are being appropriately prioritised within the New Hospital Programme.
(2) For the purposes of subsection (1), “significant estate failure” includes the closure, partial closure or restricted use of hospital buildings because of structural, safety or infrastructure failures.
(3) In prioritising schemes within the New Hospital Programme, the Secretary of State must ensure that hospitals experiencing significant estate failure are treated with the same urgency as hospitals affected by reinforced autoclaved aerated concrete.
(4) The Secretary of State must publish the outcome of the review in subsection (1).”
This new clause requires the Secretary of State to review whether hospitals experiencing significant estate failure are being appropriately prioritised within the New Hospital Programme, and to ensure that such hospitals are treated with the same urgency as RAAC-affected hospitals.
New clause 92—Duty to report on the regulation of cosmetic surgery—
“(1) Within three months of the passing of this Act, the Secretary of State must publish a report assessing the effectiveness and safety of current regulation of cosmetic surgery.
(2) The report under subsection (1) must investigate regulatory measures regarding professional checks on the providers of cosmetic surgery, including whether they—
(a) are registered medical practitioners;
(b) have completed recognised specialist surgical training; and
(c) hold Cosmetic Surgery Board Certification, or an equivalent certification, accreditation or qualification.
(3) The report must also consider the safety of current regulations of the premises where cosmetic surgery procedures are undertaken.”
This new clause would require the Secretary of State to prepare a report assessing the regulation of cosmetic surgery.
New clause 102—Report on impact on health of social media addiction—
“(1) The Secretary of State must, within six months of the passage of this Act, commission a report on the impact on health of social media addiction.
(2) The report under subsection (1) must consider and make recommendations concerning—
(a) the mental health effects of social media addiction;
(b) the physical health effects of social media addiction; and
(c) the effects of social media addiction on demand for NHS services.
(3) The Secretary of State must lay a copy of the report with proposed actions to minimise the health harms of social media addiction before both Houses of Parliament.”
This new clause would require the Secretary of State to commission a report considering the impact on health of social media addiction.
New clause 103—Communication with parents of critically ill children—
“(1) The Secretary of State must, within 12 months of the passing of this Act, issue guidance to integrated care boards on communication with parents of critically ill children, with particular reference to major decisions in the child’s treatment and care.
(2) Guidance issued under subsection (1) must—
(a) make provision for ensuring that parents have been fully consulted and are fully informed of decisions concerning the care or treatment of their child and the rationale behind such decisions;
(b) make provision, where potentially life-ending or life-changing decisions are to be made, to facilitate parents in accessing an independent specialist second opinion;
(c) make provision, where there is a disagreement between parents and clinicians on the care or treatment of a child, for the appointment of an independent mediator;
(d) make provision, following the advice of an independent specialist second opinion, for transfer of the child to another hospital, subject to appropriate clinical safeguards;
(e) make provision, prior to the death of a child, for family members to be given access to the child, whether in the hospital, a children’s hospice or the family home.
(3) Guidance issued under subsection (1) must have regard to Article 2 of the European Convention on Human Rights.”
This new clause would require the Secretary of State to issue guidance to integrated care boards concerning their role in communicating with parents of critically ill children, and involving them in decision-making.
New clause 107—Fracture liaison services: implementation framework—
“(1) The Secretary of State must, within six months of the passing of this Act, publish an implementation framework for ensuring universal access to fracture liaison services in England by 2030.
(2) The framework must set out—
(a) the minimum standards expected of fracture liaison services;
(b) the steps to be taken to reduce unwarranted variation in access and quality between integrated care board areas;
(c) the respective responsibilities of integrated care boards and NHS trusts;
(d) the workforce, diagnostic, digital and data requirements necessary to support implementation; and
(e) arrangements for identifying people at risk of further fragility fractures and ensuring that they receive appropriate assessment, treatment and follow-up.
(3) The Secretary of State must make a statement to Parliament each year, until 2030, setting out progress towards universal access to fracture liaison services.”
This new clause would require the Secretary of State to publish an implementation framework for ensuring universal access to fracture liaison services in England by 2030.
New clause 110—Rural access to child and adolescent mental health services—
“(1) Each integrated care board must make arrangements to ensure that children and young people in rural areas have reasonable access to child and adolescent mental health services.
(2) In exercising its functions under subsection (1), an integrated care board must have regard to—
(a) travel distances and travel times;
(b) the availability of public transport;
(c) the availability of locally accessible community facilities; and
(d) the particular needs of children and young people who may face barriers to travelling to a centralised service.
(3) The Secretary of State must provide appropriate support to integrated care boards and local authorities to develop community-based child and adolescent mental health services in rural areas.
(4) An integrated care board and a local authority may make arrangements for the use or repurposing of vacant or underused public buildings for the provision of child and adolescent mental health services.”
This new clause would improve access to CAMHS in rural areas by supporting locally delivered services and enabling vacant or underused public buildings to be repurposed for community mental health provision.
New clause 111—Child and adolescent mental health workforce and service capacity—
“(1) Each integrated care board must assess whether child and adolescent mental health services in its area have sufficient staffing and clinical capacity to meet the needs of children and young people.
(2) Where an assessment under subsection (1) identifies a significant shortfall, the integrated care board must prepare and implement a plan to address that shortfall.
(3) The plan must include measures to support the recruitment and retention of suitably qualified staff and, where clinically appropriate, the provision of specialist services including trauma assessment, dialectical behaviour therapy and art therapy.
(4) In preparing the plan, an integrated care board must have regard to—
(a) the number of children and young people receiving CAMHS services;
(b) waiting times for assessment and treatment;
(c) the number and complexity of cases managed by individual staff members; and
(d) the availability of specialist clinical services.”
This new clause would require integrated care boards to assess and address staffing and service capacity in CAMHS, including access to appropriate specialist services.
New clause 112—Review of child and adolescent mental health services in rural areas—
“(1) The Secretary of State must conduct, or arrange for the conduct of, reviews of the provision of child and adolescent mental health services in rural areas in England.
(2) Any review must consider—
(a) waiting times for assessment and treatment;
(b) access to interim support following referral;
(c) travel distances and access to public transport;
(d) staffing and specialist service capacity;
(e) the availability of community-based provision; and
(f) the use of vacant or underused public buildings for the delivery of services.
(3) A review must identify areas where the provision of child and adolescent mental health services is insufficient to meet local need.
(4) The Secretary of State must publish the findings of any review and an action plan setting out measures to address any significant deficiencies identified.
(5) The first review under this section must be completed within 12 months of the passing of this Act and subsequent reviews must be completed at intervals of not more than five years.”
This new clause would require a national review of CAMHS provision in rural areas, including access, waiting times, workforce capacity and the availability of community-based services.
New clause 113—Radiotherapy services: access and accountability—
(1) The Secretary of State must publish and maintain a national framework for improving access to radiotherapy services in England.
(2) The framework must set out nationally agreed metrics against which integrated care boards must measure and report their delivery of, and investment in, radiotherapy services.
(3) The metrics must include, but are not limited to, metrics relating to—
(a) waiting times for radiotherapy;
(b) access to radiotherapy services, including variation in radiotherapy treatment rates between integrated care board areas;
(c) the age, capability and replacement needs of radiotherapy equipment;
(d) radiotherapy capacity against assessed population need; and
(e) workforce capacity.
(4) Each integrated care board must publish an annual report on its performance against the metrics in the framework.
(5) Before publishing or revising the framework, the Secretary of State must consult persons with clinical, technical, operational and patient expertise in radiotherapy services.
(6) The Secretary of State must lay before Parliament, at least once in each financial year, a report on the implementation of the framework and any steps proposed to address underperformance or unwarranted variation.
(7) In this section, “radiotherapy services” means services involving the use of ionising radiation for the treatment of cancer.”
This new clause would require the Secretary of State to publish a national framework for improving access to radiotherapy services. Integrated Care Boards would be required to report annually against national metrics on waiting times, access, equipment, capacity, workforce, investment and variation.
New clause 114—Radiotherapy services: access and waiting times—
“(1) Within six months of the passing of this Act, the Secretary of State must conduct and publish a review of access to radiotherapy services and waiting times for radiotherapy in England.
(2) The review must include an assessment of—
(a) variation in access to radiotherapy services between integrated care board areas;
(b) waiting times for radiotherapy services, including where radiotherapy is the first, second or subsequent cancer treatment received by a patient; and
(c) the extent to which capacity, equipment, workforce or investment constraints are affecting access to radiotherapy services or waiting times for radiotherapy.
(3) In conducting the review, the Secretary of State must consult persons with clinical, technical, operational and patient expertise in radiotherapy services.
(4) The Secretary of State must lay the review before Parliament and set out any steps proposed to address identified gaps in access to radiotherapy services or waiting times for radiotherapy.
(5) In this section, “radiotherapy services” means services involving the use of ionising radiation for the treatment of cancer.”
This new clause would require the Secretary of State to review access to radiotherapy services and radiotherapy waiting times. The review would examine variation between ICB areas, delays where radiotherapy is a first or subsequent treatment, and the capacity constraints affecting patient access.
New clause 116—Access to medicinal cannabis for children: review and clinical trials—
“(1) The Secretary of State must, within six months beginning on the day on which this Act is passed, publish a review on access to medicinal cannabis for children on the NHS.
(2) The review under subsection (1) must consider—
(a) variation between integrated care boards in the referral and prescribing of medicinal cannabis to children;
(b) the barriers preventing children from accessing medicinal cannabis through the NHS, including the number of patients who access private prescriptions as a result;
(c) the current evidence base for the clinical effectiveness of medicinal cannabis for children; and
(d) options for expanding that evidence base through clinical trials.
(3) The Secretary of State must take reasonable steps to support and facilitate clinical trials into the use of medicinal cannabis for children, with the aim of establishing a clearer evidence base to inform NHS prescribing guidance.
(4) The Secretary of State must lay a copy of the review before both Houses.”
This new clause would require the Secretary of State to review inconsistencies in NHS access to medicinal cannabis for children, including the extent to which patients are forced to rely on private prescriptions, and would place a duty on the Secretary of State to support clinical trials to strengthen the evidence base for prescribing.
New clause 117—Access to speech and language therapy—
“(1) The Secretary of State must, within six months beginning on the day on which this Act is passed, publish a strategy for improving access to NHS speech and language therapy services in England.
(2) The strategy under subsection (1) must include—
(a) an assessment of waiting times for speech and language therapy across integrated care boards;
(b) an assessment of variation in access to speech and language therapy between different areas of England;
(c) an assessment of the speech and language therapy workforce, including current vacancy rates and future workforce need; and
(d) proposals to reduce waiting times and geographical variation in access.
(3) The Secretary of State must lay a copy of the strategy before Parliament.
(4) The Secretary of State must publish a further report reviewing progress against the strategy within eighteen months beginning on the day on which this Act is passed.”
This new clause would require the Secretary of State to publish a strategy to address waiting times and geographical inequality in access to NHS speech and language therapy, and to report on progress against that strategy.
New clause 123—NICE technology appraisal recommendation: accountability scheme—
“(1) The Secretary of State must establish by regulations an accountability scheme relating to the implementation of NICE technology appraisal recommendations (the "scheme").
(2) Under the scheme, Health and Social Care bodies must take all reasonable steps to implement a NICE technology appraisal recommendation within three months of receiving such a recommendation.
(3) Any Health and Social Care body that fails to meet the requirement set out in subsection (2) must—
(a) publish an explanation of the reasons for the failure;
(b) specify any circumstances which have prevented implementation; and
(c) publish a plan setting out the steps it will take to implement the recommendation.
(4) Regulations under this section are subject to the affirmative procedure.”
New clause 131—Activities of religious groups in medical settings—
“(1) The Secretary of State must, within six months of the passage of this Act, make regulations concerning the activities of religious groups in medical settings in England.
(2) Regulations made under subsection (1) must make provision for—
(a) clinical oversight of training provided by representatives of religious groups to healthcare professionals and students on the treatment of patients who hold religious beliefs that may influence their choice of treatment;
(b) ensuring that the contacting of any religious group on behalf of a patient, or for advice on care, is made only at the request of the patient;
(c) requiring opportunities for patients to indicate final treatment preference in the absence of religious representatives, and ensuring religious representatives cannot later verify a patient’s final treatment choice; and
(d) any other matter that the Secretary of State deems appropriate.
(3) Regulations made under this section are subject to the affirmative procedure.”
This new clause would require the Secretary of State to make regulations governing the activities of religious groups in medical settings in England, to prevent medical coercion.
New clause 132—Non-therapeutic male circumcision—
“(1) The Secretary of State must, within six months of the passage of this Act, make regulations relating to non-therapeutic male circumcision (NTMC).
(2) Regulations made under subsection (1) must make provision for—
(a) a requirement that NTMC may only be performed by a suitably qualified healthcare professional and must be inspected by the Care Quality Commission;
(b) the inclusion of NTMC as a regulated activity under the Health and Social Care Act 2008;
(c) the creation of a statutory duty for integrated care boards to produce annual data on prevalence and complications of NTMC;
(d) a requirement that NTMC be included in the Single Patient Record; and
(e) any other matter that the Secretary of State deems appropriate.
(3) Regulations under this section are subject to the affirmative procedure.”
This new clause would require the Secretary of State to introduce regulation of non-therapeutic male circumcision, following several prevention of future death reports issued by coroners as a result of deaths arising from this procedure.
New clause 137—Cancer outcomes—
“(1) The National Health Service Act 2006 is amended as follows.
(2) After section 1GA insert—
“1GB Cancer outcomes
In exercising functions relating to the health service, the Secretary of State must treat objectives relating to cancer outcomes as having priority over any other objectives relating specifically to cancer.””
The Secretary of State is currently required to set cancer outcome objectives for NHS England, with those objectives taking priority over other cancer goals. The Health Bill removes this provision. This new clause would place a new duty on the Secretary of State to prioritise cancer outcomes such as survival by inserting a new section into Part 1 of the National Health Service Act 2006.
New clause 138—Report on occupational health screening for fire and rescue personnel—
(1) The Secretary of State must, within 12 months of the passing of this Act, publish a report on access to occupational health screening, including blood testing for biomarkers of exposure to carcinogens, for members of fire and rescue services in England.
(2) The report under subsection (1) must consider—
(a) the classification by the International Agency for Research on Cancer of occupational exposure as a firefighter as carcinogenic to humans;
(b) the current provision of occupational health screening for fire and rescue personnel by fire and rescue authorities, NHS bodies and integrated care boards;
(c) options for a national baseline entitlement to periodic health screening for fire and rescue personnel, informed by exposure risk;
(d) the resource and workforce implications of any such entitlement; and
(e) the interaction of any such entitlement with existing work by the Fire Brigades Union and the University of Central Lancashire on the UK Firefighters Cancer and Disease Registry.
(3) The Secretary of State must lay a copy of the report before Parliament.”
This new clause would require the Secretary of State to report on occupational health screening, including blood testing, for fire and rescue personnel, in recognition of their elevated risk of cancer arising from occupational exposure to carcinogens.
New clause 139—Duty on integrated care boards to share data with fire and rescue authorities concerning vulnerable persons—
“(1) An integrated care board must take reasonable steps to share, or to facilitate the sharing of, relevant data with a fire and rescue authority for the area, or part of the area, for which the integrated care board has responsibility, for the purpose of enabling the fire and rescue authority to identify and prioritise vulnerable persons in the event of an emergency.
(2) In this section, “relevant data” means data relating to a person’s vulnerability, including but not limited to age, disability or mobility, that is necessary and proportionate for the purpose in subsection (1).
(3) Data may only be shared under this section—
(a) in accordance with the requirements of the UK GDPR and the Data Protection Act 2018;
(b) subject to arrangements agreed between the integrated care board and the fire and rescue authority setting out the purpose, extent and security of the data sharing; and
(c) where a mechanism exists for a person to object to the sharing of their data under this section, save where doing so would be likely to endanger life.
(4) The Secretary of State must, within 12 months of this section coming into force, publish guidance for integrated care boards and fire and rescue authorities on the operation of this section.
(5) In this section, “fire and rescue authority” has the meaning given by section 1 of the Fire and Rescue Services Act 2004.”
This new clause would place a duty on integrated care boards to share relevant data concerning vulnerable residents with fire and rescue authorities, subject to data protection safeguards, to enable fire and rescue services to identify and prioritise vulnerable people in emergencies, including fires and flooding.
New clause 140—Corridor care—
“(1) The Secretary of State must end the practice of corridor care in NHS hospitals within one year of the passage of this Act.
(2) If the requirement under subsection (1) is not met, the Secretary of State must commission an independent inquiry into the Government's handling of corridor care.
(3) The inquiry under subsection (2) must—
(a) investigate the effectiveness of policies, funding and guidance relating to corridor care in the Department of Health and Social Care;
(b) assess the impact on patient safety and staff morale from the continued practice of corridor care; and
(c) recommend steps the Secretary of State should take to end the practice of corridor care.
(4) The inquiry under subsection (2) should be supported by patient safety professionals from the Health Services Safety Investigations Body and the Care Quality Commission.
(5) The inquiry under subsection (2) must be published and laid before Parliament as a final report within 6 months beginning on the day on which the inquiry is established.”
This new clause places a duty on the Secretary of State to end Corridor Care within 12 months, if they fail to do so they must order an independent inquiry into corridor care and the failure to eradicate the practice.
New clause 141—Suspension of Advice and Guidance pending HSSIB report and mitigation plan—
“(1) The Secretary of State must ensure that the operation and further rollout of Advice and Guidance services (including any targets, incentives, pathways or contractual requirements that treat Advice and Guidance as a prerequisite or preferred alternative to direct referral) are suspended until the conditions in subsection (2) are met.
(2) The conditions are that—
(a) the Health Services Safety Investigations Body (or, if its functions have already been transferred under section 63 of this Act, the Care Quality Commission exercising those functions) has laid its final report on Advice and Guidance services before Parliament, and
(b) the Secretary of State has published a written mitigation plan addressing the patient safety risks, harms and recommendations identified in that report (including any linked to patient deaths, near misses, treatment delays, resource and capacity gaps, workforce training, digital systems and incident reporting).”
New clause 142—Puberty blockers—
“(1) Within three months of the passage of this Act the Secretary of State must make regulations which ensure that puberty blockers may not be prescribed, dispensed or supplied to persons under 18 years of age for the purposes of treatment related to gender dysphoria, gender incongruence or a combination of both, in the United Kingdom.
(2) Regulations under this section must ensure that such drugs cannot be given out or used as part of clinical trials for the treatment of gender dysphoria, gender incongruence or a combination of both, unless that trial has specifically been approved by a resolution of both Houses of Parliament.
(3) For the purposes of this section, puberty blockers means—
(a) a “gonadotrophin-releasing hormone (“GnRH”) analogue” which means a medicinal product that consists of or contains buserelin, gonadorelin, goserelin, leuprorelin acetate, nafarelin or triptorelin, and
(b) any other drug which has the effect of suppressing or delaying puberty that the Secretary of State may by regulation appoint.”
This new clause would create a requirement for the Secretary of State to make regulations which prevent puberty blockers from being prescribed to persons under 18 years of age for the purposes of treatment related to gender incongruence, or being given in clinical trials related to gender incongruence unless specifically approved by Parliament.
New clause 143—Single sex facilities—
“(1) The Secretary of State is required to ensure that there are single sex—
(a) changing rooms for NHS staff,
(b) toilets and washing facilities for NHS staff,
(c) wards for NHS patients, and
(d) toilets and washing facilities for NHS patients.
(2) The Secretary of State may make exemptions to the duty in subsection (1)(c) and (1)(d) where necessary for—
(a) children,
(b) intensive care units,
(c) critical care, and
(d) specialist high observation areas such as resuscitation in Accident and Emergency and the initial recovery area in theatres.”
This new clause creates a requirement for the Secretary of State to ensure certain single sex facilities are made available for NHS staff and patients. It provides exemptions in certain circumstances.
New clause 146—Fracture liaison services: delivery plan and annual reporting—
“(1) The Secretary of State must, within 90 days of the day on which this Act is passed, publish and lay before both Houses of Parliament a delivery plan for securing universal provision of fracture liaison services across England by 2030.
(2) The plan under subsection (1) must include—
(a) a baseline assessment of current access to, and quality of, fracture liaison services in each integrated care board area, distinguishing clearly between services established before and after July 2024;
(b) annual milestones for the number of patients identified, assessed and treated through fracture liaison services, sufficient to reach the level required for universal coverage;
(c) the specific steps the Secretary of State will take to support integrated care boards to commission and sustain high-quality fracture liaison services, including any use of directions, guidance, financial incentives, capital funding or other mechanisms;
(d) workforce, diagnostic (including DEXA capacity), digital and data requirements, with associated funding assumptions;
(e) arrangements for independent monitoring and public reporting of progress against the milestones; and
(f) an estimate of the expected reduction in fragility fractures, hip fractures, associated deaths and NHS bed days, drawing on available evidence including that published by the Royal Osteoporosis Society.
(3) The Secretary of State must, within 12 months of publishing the plan under subsection (1) and every 12 months thereafter until 2030, lay before Parliament a report setting out—
(a) progress against each annual milestone;
(b) the number of new fracture liaison services established and the number of patients identified in the preceding year;
(c) any revision to the milestones or timetable, with the reasons for any such revision; and
(d) action being taken to address any shortfall.
(4) In this section “fracture liaison service” means a service for the systematic identification, assessment, treatment and ongoing monitoring of people who have sustained a fragility fracture, for the purpose of reducing their risk of further fractures.”
This new clause would require the Secretary of State to publish a plan to roll out fracture liaison services across England and publish reports of progress.
New clause 147—Plan to manage acquired brain injury—
“(1) The Secretary of State must, within 30 days of the day on which this Act is passed, publish a plan for the management of acquired brain injury across England.
(2) A plan under subsection (1) must include but shall not be limited to—
(a) proposed government actions to prevent acquired brain injuries;
(b) proposed government actions to improve acute treatment for acquired brain injuries;
(c) a statement of priorities regarding the Secretary of State’s approach for rehabilitation and long-term support for persons with acquired brain injuries across public services delivered by—
(i) the Department of Health and Social Care,
(ii) the Department for Education, and
(iii) the Ministry of Justice;
(d) proposals for data sharing between government departments, health care, and rehabilitation providers to improve patient—
(i) identification,
(ii) care, and
(iii) support;
(e) a commitment to providing 95% of people with complex needs with a personalised care plan by 2027;
(f) commitments for research into acquired brain injuries in sport;
(g) any proposed use of directions, guidance, financial assistance, incentives or other mechanisms to secure delivery of the plan’s objectives;
(h) workforce, diagnostic, digital and data requirements for implementation of the plan; and
(i) arrangements for monitoring, publishing and reporting progress against the plan.
(3) The plan under subsection (1) must be laid by the Secretary of State before both Houses of Parliament.
(4) The Secretary of State must, within 12 months of publishing a plan under subsection (1), and every 12 months thereafter until 2030, lay before Parliament a report on progress made against the proposals and commitments in the plan.”
This new clause would require the Government to publish their action plan to manage acquired brain injury within 30 days of the passing of this Act.
New clause 148—Radiotherapy cancer treatment services—
“(1) The Secretary of State must publish and maintain a national framework for improving access to radiotherapy services in England.
(2) The framework must include nationally agreed metrics against which integrated care boards must measure and report their investment in, and delivery of, radiotherapy services.
(3) The metrics must include provisions relating to—
(a) waiting times for radiotherapy, including time to definitive treatment;
(b) patient travel times to radiotherapy services, including defining an appropriate recommended travel time;
(c) the number of cancer patients receiving radiotherapy and the quality of such radiotherapy;
(d) the age, capability and replacement needs of radiotherapy equipment, including the proportion of linear accelerators that are more than 10 years old or otherwise beyond the recommended replacement age;
(e) access to modern radiotherapy techniques and technologies;
(f) radiotherapy capacity against population need and the projected increase in number of cancer patients;
(g) variation in access to radiotherapy services between integrated care board areas;
(h) provision of sustainable, flexible workforce that is equipped to harness advances in radiotherapy for patient benefit; and
(i) investment in radiotherapy services and the extent to which such investment reflects clinical need.
(4) Each integrated care board must publish an annual report on its performance against the metrics in the framework.
(5) Before publishing or revising the framework, the Secretary of State must consult persons with clinical, technical, operational and patient expertise in radiotherapy which the Secretary of State considers appropriate.
(6) The Secretary of State must lay before Parliament, at least once in each financial year, a report on the implementation of the framework.”
This new clause would require the Secretary of State to publish and maintain a national framework for improving access to radiotherapy services in England.
New clause 149—Modern Service Framework for Respiratory Disease – prioritisation and reporting—
“(1) Within 12 months of the day on which this Act is passed, the Secretary of State must—
(a) publish a statement setting out the criteria and process by which the National Quality Board will assess proposals for future Modern Service Frameworks (including respiratory disease), and
(b) lay before both Houses of Parliament a report on the prioritisation of respiratory disease for a Modern Service Framework.
(2) The report under subsection (1)(b) must include—
(a) an assessment of the current burden of respiratory disease in England including—
(i) emergency admissions,
(ii) variation by integrated care board area,
(iii) outcomes;
(b) the evidence of potential for rapid and significant improvements in quality of care and productivity that a respiratory Modern Service Framework could deliver;
(c) the status of existing work on respiratory pathways including for—
(i) pulmonary fibrosis,
(ii) pulmonary rehabilitation,
(iii) diagnostics,
(iv) early detection and lung cancer screening,
(v) supported self-management,
(vi) access to medicines;
(d) the expected timetable for any decision by the National Quality Board on whether to prioritise a respiratory Modern Service Framework; and
(e) interim actions the Secretary of State and NHS England are taking to reduce unwarranted variation and emergency admissions attributable to respiratory disease pending any such decision.
(3) If the National Quality Board decides not to prioritise a respiratory Modern Service Framework within 18 months of the day on which this Act is passed, the Secretary of State must, within three months of that decision, publish and lay before Parliament an alternative national plan for improving respiratory care that addresses the matters set out in subsection (2)(a) to (c) and (e).
(4) The Secretary of State must publish an updated report under subsection (1)(b), or a progress report against any respiratory Modern Service Framework or alternative plan, at intervals of not more than three years.
(5) In preparing any report or plan under this section the Secretary of State must consult clinicians with expertise in respiratory medicine, organisations representing people with respiratory disease, integrated care boards, and NHS providers of respiratory services.”
New clause 150—Modern Service Framework for Musculoskeletal Care – prioritisation and reporting—
“(1) Within 12 months of the day on which this Act is passed, the Secretary of State must—
(a) publish a statement setting out the criteria and process by which the National Quality Board will assess proposals for future Modern Service Frameworks (including musculoskeletal conditions), and
(b) lay before both Houses of Parliament a report on the prioritisation of musculoskeletal care for a Modern Service Framework.
(2) The report under subsection (1)(b) must include—
(a) an assessment of the current burden of musculoskeletal conditions in England including—
(i) waiting times,
(ii) emergency admissions or unplanned care,
(iii) variation by integrated care board area,
(iv) impact on work and economic inactivity,
(v) outcomes,
(b) the evidence of potential for rapid and significant improvements in quality of care and productivity that a musculoskeletal Modern Service Framework could deliver;
(c) the status of existing national programmes including—
(i) the Getting It Right First Time (GIRFT) MSK Community Delivery Programme;
(ii) any related elective recovery or neighbourhood health initiatives,
(d) the expected timetable for any decision by the National Quality Board on whether to prioritise a musculoskeletal Modern Service Framework; and
(e) interim actions the Secretary of State and NHS England are taking to reduce unwarranted variation, waiting times and the impact of musculoskeletal conditions on patients and the wider economy pending any such decision.
(3) If the National Quality Board decides not to prioritise a musculoskeletal Modern Service Framework within 18 months of the day on which this Act is passed, the Secretary of State must, within three months of that decision, publish and lay before Parliament an alternative national plan for improving musculoskeletal care that addresses the matters set out in subsection (2)(a) to (c) and (e).
(4) The Secretary of State must publish an updated report under subsection (1)(b), or a progress report against any musculoskeletal Modern Service Framework or alternative plan, at intervals of not more than three years.
(5) In preparing any report or plan under this section the Secretary of State must consult clinicians with expertise in musculoskeletal medicine and related professions, organisations representing people with musculoskeletal conditions, integrated care boards, and NHS providers of musculoskeletal services.”
New clause 151—Patient safety recommendations: Government response—
“(1) This section applies where the Secretary of State commissions a review or a report into a patient safety issue.
(2) The Secretary of State must—
(a) decide within six months whether they are going to implement each recommendation of the review;
(b) publish a response to each recommendation with a statement indicating whether each recommendation will be implemented; and
(c) publish a timeline for implementation of recommendations which will be implemented.”
This new clause requires the Secretary of State to respond to patient safety recommendations.
New clause 159—Mental health waiting time standards and reporting—
“(1) The National Health Service Act 2006 is amended as follows.
(2) Section 12F (expected mental health spending) is amended as follows—
(a) in subsection (1), after paragraph (a) insert—
“(aa) stating the Secretary of State's expectations for that year regarding performance against the waiting time standards published under section 12FA;”;
(b) in subsection (1), after paragraph (aa) insert—
“(ab) stating the Secretary of State's expectations for that year regarding the relationship between performance against those waiting time standards and expenditure on mental health services, and”;
(c) for subsection (1)(b) substitute—
“(b) explaining the reasons for the expectations stated under paragraphs (a), (aa) and (ab).”.
(3) After section 12F insert—
“12FA Mental health waiting time standards
(1) The Secretary of State must adopt target national waiting time standards covering mental health services, including community and urgent care.
(2) In determining standards under subsection (1) the Secretary of State must have regard to advice from the Chief Medical Officer about the standards necessary to ensure safe and effective mental health care.
(3) The Secretary of State must publish waiting time standards under this section within 12 months beginning on the day on which this Act is passed.
(4) The Secretary of State may make regulations under section 14Z45A to give effect to the waiting time standards published under this section.””
The new clause would require the Secretary of State to adopt and publish waiting time standards for mental services having regard to advice from the Chief Medical Officer. It would expand the Secretary of State’s existing annual reporting duties to parliament to include reporting the NHS performance in meeting the NHS waiting times standards.
New clause 161—Report into the availability and quality of data relating to dementia care—
“(1) The Secretary of State must publish a report on the availability and quality of data relating to dementia care within 12 months of the passing of this Act.
(2) The report must include an action plan to address gaps in dementia data across prevalence, the health and social care interface, the dementia care pathway, experience of care, and workforce.
(3) The action plan must, in particular, address the absence of key performance measures, including but not limited to—
(a) waiting times to assessment and diagnosis;
(b) non-medication related interventions; and
(c) care and treatment outcomes.”
Amendment 82, in clause 62, page 45, line 37, at end insert—
“(8B) Provision under (8A) about the period within which a recommendation is to be complied with must—
(a) only apply to individual recommendations in the case of exceptional circumstances,
(b) follow a process aligned with NICE's health technology evaluation procedures,
(c) be subject to engagement from industry stakeholders.”
Amendment 106, page 45, line 37, at end insert—
“(8B) Regulations under subsection (8) must include provision about the period within which NICE guideline NG206 on myalgic encephalomyelitis (ME) must be complied with.
(8C) The Secretary of State must publish an annual statement on compliance with NICE guideline NG206, including the extent to which integrated care boards and relevant NHS bodies have implemented recommendations relating to ME specialist services and severe or very severe ME.”
This amendment would require that a period must be set within which the NICE guideline NG206 on ME must be complied with by ICBs and other health bodies. Furthermore, the Secretary of State must publish an annual statement on compliance with NICE guideline NG206 across the NHS in England.
Amendment 1, page 45, line 39, leave out clause 63.
Amendment 2, page 46, line 3, leave out clause 64.
Amendment 3, page 46, line 39, leave out clause 65.
Amendment 4, page 47, line 36, leave out clause 66.
Amendment 7, page 48, line 15, leave out clause 68.
This amendment removes the clause abolishing Healthwatch England.
Amendment 5, page 48, line 18, leave out clause 69.
Government amendments 65 and 66.
Amendment 6, page 52, line 34, leave out clause 75.
Government amendments 67 to 69.
Amendment 89, in clause 80, page 54, line 36, at end insert—
“(3A) The Secretary of State may not make regulations under subsection (3) commencing section (1) until the condition in subsection (3B) has been met.
(3B) The condition is that the Secretary of State has published an impact assessment in respect of the abolition of NHS England that complies with subsection (3C) (a "qualifying impact assessment").
(3C) A qualifying impact assessment must include—
(a) a quantified estimate, expressed in monetary terms, of the total transition costs of abolishing NHS England, including in particular—
(i) redundancy costs;
(ii) the costs of integrating data, digital and information technology systems;
(iii) the costs of reorganising and rehousing staff and functions; and
(iv) productivity losses during the transition period;
(b) a quantified estimate, expressed in monetary terms, of the ongoing annual costs of the restructured Department of Health and Social Care following the abolition of NHS England, including any costs falling on integrated care boards as a result of the transfer of functions to them;
(c) a quantified estimate, expressed in monetary terms, of the estimated annual savings arising from the abolition, including savings from the elimination of duplicated corporate functions and reduced administrative costs;
(d) a quantified estimate, expressed in monetary terms, of the net present value of the abolition, being the difference between the total costs under paragraphs (a) and (b) and the total benefits under paragraph (c) over a period of not less than ten years;
(e) a statement of the key assumptions underlying the estimates in paragraphs (a) to (d) and an assessment of the sensitivity of those estimates to changes in those assumptions;
(f) an assessment of the risks to the delivery of the anticipated benefits, including the risk of disruption to NHS functions during the transition period; and
(g) a statement of the methodology used to produce the estimates, including any data sources relied upon.
(3D) Before publishing a qualifying impact assessment, the Secretary of State must submit it for independent scrutiny to the Regulatory Policy Committee (or any successor body) and must publish the Committee's opinion on the assessment alongside it.
(3E) The Secretary of State must lay the qualifying impact assessment and the Committee's opinion before both Houses of Parliament.
(3F) Regulations to commence section (1) are to be made by statutory instrument and may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
(3G) A draft instrument under subsection (3F) may not be laid unless at least 60 sitting days have elapsed since the qualifying impact assessment was laid under subsection (3E).”
This amendment requires the Secretary of State to publish, and submit to independent scrutiny, an impact assessment on the abolition of NHS England, containing quantified cost and benefit figures, before making regulations to abolish the body.
Amendment 90, page 54, line 36, at end insert—
“(3A) The Secretary of State may not make regulations under subsection (3) commencing section (1) until the condition in subsection (3B) is met.
(3B) The Secretary of State must publish a plan setting out how health services provided by or under arrangements made by NHS bodies are to work alongside and be integrated with the social care system in England (the "health and social care integration plan").
(3C) Before preparing the health and social care integration plan, the Secretary of State must have regard to—
(a) the recommendations made by the Independent Commission on Adult Social Care (or any successor body undertaking that Commission's work) in any report published by the Commission; and
(b) the need to reflect any recommendations of the Independent Commission on Adult Social Care in the plan which are relevant to the interface between health services and adult social care.
(3D) The health and social care integration plan must include—
(a) a description of the structural and operational arrangements for joint working between NHS bodies and local authority social care services following the abolition of NHS England;
(b) proposals for how the transfer of NHS England's functions to the Secretary of State will affect the coordination of health and social care commissioning, including commissioning of services for people with complex needs spanning health and social care;
(c) arrangements for reducing delayed discharges from hospital attributable to the absence of suitable social care provision;
(d) proposals for how the funding flows between the NHS and the social care system, including NHS Continuing Healthcare, will be managed following the abolition;
(e) the workforce implications for the health and social care sectors arising from the abolition of NHS England and the steps to be taken to address them; and
(f) a timetable for implementing the arrangements described in the plan.
(3E) The Secretary of State must lay the health and social care integration plan before both Houses of Parliament.
(3F) Regulations to commence section (1) must be subject to the affirmative procedure.
(3G) A draft instrument under subsection (3F) may not be laid before either House of Parliament until at least 60 sitting days after the health and social care integration plan has been laid under subsection (3E).
(3H) In this section—
“NHS body” has the same meaning as in the National Health Service Act 2006;
“social care system” means the system for the provision of care and support under the Care Act 2014 and services provided by local authorities in the exercise of their functions relating to adult social care.”
This amendment requires the Secretary of State to publish and lay before Parliament a plan setting out how health services will work alongside the social care system following the abolition of NHS England before using their powers for its abolition. The plan must address joint commissioning, funding flows (including NHS Continuing Healthcare), delayed hospital discharges, and workforce.
Amendment 25, page 112, line 18, leave out schedule 9.
Amendment 12, in schedule 9, page 130, line 16, at end insert—
“(2A) After paragraph 6(8) insert—
“(9) A committee of the Commission is to be appointed in accordance with regulations.
(10) The purpose of the committee is to oversee the health services safety investigation functions formerly conducted by HSSIB, transferred to the Care Quality Commission under the Health Act 2026.
(11) The committee is to be operationally independent from the Care Quality Commission.
(12) The committee is to consist of a chair appointed by the Secretary of State, and not less than six and not more than twelve other members appointed by the chair.
(13) A majority of the members of the committee must not be members of the Care Quality Commission.
(14) So far as is reasonably practicable, the persons appointed to the committee must include persons with knowledge or experience relevant to the discharge of functions under this paragraph.””
This amendment would ensure that oversight of HSSIB’s functions would remain operationally independent of the Care Quality Commission (CQC) following the transfer of its functions to the CQC.
Amendment 8, page 134, line 20, leave out schedule 10.
This amendment removes the schedule abolishing Healthwatch England.
Amendment 9, page 136, line 1, leave out schedule 11.
This amendment removes the schedule abolishing Local Healthwatch organisations.
Amendment 78, schedule 11, page 137, line 2, at end insert—
“(2A) In making arrangements under subsection (2), an integrated care board must have regard to the need to facilitate participation by persons who may experience barriers to engagement, including persons with long-term, complex or fluctuating health conditions.”
This amendment would require an integrated care board, in making arrangements for gathering patient views, to have regard to the need to facilitate participation by persons who may experience barriers to engagement, including persons with long-term, complex or fluctuating health conditions.
Government amendment 72.
Amendment 100, in schedule 12, page 155, line 5, at end insert—
“(10) An order under this section that establishes, varies the area of, abolishes or merges an integrated care board may not be made unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.”
Amendment 33, in schedule 12, page 156, line 28, at end insert—
“(c) must publish any evidence the Secretary of State has received in respect of the impact of the proposal.”
Government amendments 73 to 75.
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