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RESPONSE TO 38 DEGREES CAMPAIGN ON NHS PROCUREMENT REGULATIONS

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Friday, 15 March, 2013
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"A number of concerns have been raised over the precise wording of these regulations. On 5 March 2013 the Care Services Minister Norman Lamb announced that the regulations would be amended to ensure that they could not be open to misinterpretation and that they faithfully implement the assurances given to Parliament during the passage of the Health and Social Care Bill."

"The Government has always said that it should be commissioners, not Monitor or Ministers, who decide when and how competition should be used to serve patients’ interests."

"Concerns have been raised that Monitor would use the regulations to force commissioners to tender competitively. The regulations will make clear that this is not the case. Concerns have also been raised that competition would be put before integration and co-operation.

"The Government was very clear, during the passage of the Health and Social Care Bill, that competition can only be a means to improve services for patients, not an end in itself. What is important is what is in patients’ best interests. Integration is key to improving services for patients, and commissioners will be under a duty to use this approach. The Government will amend the regulations very shortly to make that point absolutely clear."

"It is wrong to suggest these regulations will result in “enforced privatisation.” What they would actually do, in line with the principles adopted by the previous government, is ensure that it is doctors and nurses who decide on the best providers to deliver services to their patients, taking decisions on when and how to use competition so they can improve services for patients, with appropriate safeguards to protect patients from conflicts of interest, discrimination and anticompetitive conduct."

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